CPOW invites you to a public lecture by Dr Elizabeth Shi from the Graduate School of Business & Law, RMIT.
Reinstatement is said to be the primary remedy of unfair dismissal under the Fair Work Act 2009.
The Fair Work Commission is granted a broad discretion to determine whether to award it, but in the vast majority of cases it does not do so. This paper examines the rationale for the remedy, which remains compelling in contemporary Australia, and argues that it is to recognise the importance of work and employment security, as well as the wrong involved in unfairly dismissing an employee.
This statutory context must be considered when the Fair Work Commission exercises its discretion in granting or refusing reinstatement. It is argued that the Fair Work Commission, in exercising its discretion, has overlooked some of this context and frustrated some of the purposes of the Act. Some suggestions are made on reforming the law of reinstatement.
Light lunch will be provided from 12pm to 12:30 pm.