An order for reinstatement under s 89(1) of the Industrial Relations Act 1996 (NSW) may be made even where the applicant is permanently unfit to perform any work in the position, because reinstatement requires restoration of the contractual nexus and employment status, not necessarily the ability to perform work. The word 'position' in s 89(1) should not be read restrictively. Following reinstatement of a permanently incapacitated police officer, the Commissioner retains the power to retire the officer under s 72A of the Police Act 1990.
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