Reinstatement under s 78(2) of the Industrial Relations Act 1999 (Qld) is to the employee's 'former position' as defined by the terms and conditions of engagement, including any fixed-term limitation. A temporary employee engaged for a fixed period can only be reinstated to a position with that same temporal limitation. Relief by way of mandamus may be refused as futile where the period of employment has expired and the employer has acknowledged the unfair dismissal. The question whether reinstatement can be ordered to a position that has expired by effluxion of time was left open.
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3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.