The re-employment power under s 89(2) of the Industrial Relations Act 1996 (NSW) authorises re-employment only in another available position, not in the former position, and requires the Commission to identify an available position and form an opinion that it is suitable. An order for 're-employment' that requires the employee to immediately resign and never return to work is outside the power. Section 89(8) does not confer a general power to fashion whatever remedy the Commission considers fair; conditions must attach to a valid order under s 89(1)-(5). Following Kirk, the Hickman principle no longer applies to jurisdictional error of the IRC.
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