The Commission's jurisdiction under s 23(1) of the IR Act to deal with an unfair refusal to employ is not excluded by s 23(2a) where the matter concerns re-establishment of an employment relationship rather than filling a vacancy under the Employment Standard. The Commission has power to award compensation for lost salary and benefits incidental to an order requiring an employer to employ a worker it has unfairly refused to employ, provided the compensation order is sufficiently related to the jurisdictional fact of the refusal to employ. The Employment Standard issued under s 21 of the PSM Act is not an Act, regulation, award, industrial agreement or order for the purposes of s 90(1)(b) of the IR Act.
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