Victorian Current Acts Victorian Current Acts(1) If an appeal is allowed in respect of an employee whose employment in the teaching service has been terminated, the Disciplinary Appeals Board may—
(a) order that the employee be re-instated in the teaching service; and
(b) order that an employee who is re-instated under this section be paid an amount that the Board considers appropriate in the circumstances to compensate for any loss of salary as a result of the termination; and
(c) in the case of an employee who is not re‑instated in the teaching service, order that the employee be paid an amount not exceeding the greater of—
(i) the remuneration received by the employee during the period of 6 months immediately before the termination; or
(ii) the remuneration to which the employee was entitled for the period of 6 months immediately before the termination.
(2) In deciding an amount that is appropriate under subsection (1)(b), the Board may have regard to any relevant circumstances including whether the employee had obtained other employment before being re-instated.
(3) An amount paid under subsection (1)(b) must not exceed the amount of remuneration that the employee would have been entitled to receive if he or she had not been terminated.
(4) An employee who is re-instated in the teaching service must be treated as having had continuous service in the teaching service.
(5) In the case of an employee who is re-instated in the teaching service, any period during which the employee was not performing the duties of his or her position due to having his or her employment terminated must be treated as leave without pay unless an order is made under subsection (1)(b) to compensate for the loss of salary during that period.