Remedies for unfair dismissal

This is what the Fair Work Commission’s unfair dismissal benchbook summarizes as the remedies avaialable to the Fair Work Comssion in an unfair dismisdsal case.

“The Commission may order a person’s reinstatement, or the payment of compensation to a person, if the Commission is satisfied that the person was protected from unfair dismissal at the time of being dismissed, and found that the person has been unfairly dismissed.

The question of whether to order a remedy in a case where a dismissal has been found to be unfair remains a discretionary one.539 The grant of a remedy for an unfair dismissal is not automatic or a right.540