Fair Work Commissioner Iain Ross. Source: AAP/Alan Porritt
In the unfair dismissal jurisdiction, the primary remedy is reinstatement. This means the employer is ordered to return the employee to their employment in the position they held immediately prior to their dismissal or another position on no less favourable terms.
The Fair Work Commission (FWC) will have regard to a number of circumstances when considering whether to reinstate an employee, such as whether there has been a loss of trust and confidence in the employment relationship which would make reinstatement inappropriate.
In a recent decision, the FWC was tasked with determining whether a breakdown of trust and confidence in the employment relationship was sufficient to conclude that the reinstatement of the employee was impractical.