The word 'impracticable' in s 23A of the Industrial Relations Act 1979 (WA) connotes that reinstatement or re-employment is not reasonably feasible or reasonably capable of being accomplished on the facts and circumstances of the particular case. Trust and confidence between employer and employee is a relevant but not sole factor in assessing impracticability, and the required level varies with the circumstances. The High Court's rejection in Barker of a mutual implied term of trust and confidence in employment contracts does not affect this principle. Challenges to the Full Bench's application of correctly understood law to the facts fall outside the Industrial Appeal Court's jurisdiction under s 90(1)(b).
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