Industrial Relations Act 2016

If, and only if, the commission considers reinstatement or re-employment would be impracticable, the commission may order the employer to pay the employee an amount of compensation decided by the commission.

The commission must not award an amount of compensation that is more than—

if the employee was employed under an industrial instrument—the wages the employer would have been liable to pay the employee for the 6 months immediately after the dismissal, paid at the rate the employee received immediately before the dismissal; or

if the employee was not employed under an industrial instrument—the lesser of the wages under paragraph (a) and an amount equal to half the amount of the high income threshold under the Fair Work Act 2009 (Cwlth), section 333.

The commission must take into account any amount paid to the employee by the employer on the dismissal.

This section does not limit the commission’s power to make an interim or interlocutory order.