New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 100D

100D Orders by Commission with respect to payment of salary and continuity of employment

(1) Without limiting section 100C, if the Commission decides to allow a disciplinary appeal, the Commission may--

(a) if the employee has paid a fine imposed by the employer or his or her pay has been forfeited--order the employer to repay the amount of any such fine or forfeited pay, and

(b) order the employer to pay the employee an amount stated in the order that does not exceed the remuneration the employee would, but for the decision of the employer, have received from the employer, and

(c) order that any period of employment of the employee with the employer is taken not to have been broken by the decision of the employer.

(2) Any such order by the Commission must be given effect to by the employer.

(3) Nothing in subsection (1) enables the Commission to make an order for compensation in the case where a person is not reinstated or does not continue in employment.