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Judgment date
Case number
S186/2004
Before
McHugh, Kirby, Hayne, Callinan, Heydon JJ
Catchwords
Industrial law – Reinstatement - Employer ordered to reinstate dismissed employee to the position in which he was employed prior to being dismissed - Employer reinstated employee subject to conditions - Employee paid wage but not provided with work - Whether reinstatement order made under s 170CH of the Workplace Relations Act 1996 (Cth) requires employer to provide employee with work - Whether employee was reinstated to the position in which he was employed prior to being dismissed.
Federal Court – Jurisdiction - Power - Whether Federal Court may make an order for enforcement of reinstatement order.
Words and phrases – "position", "reappoint", "reinstate".
Workplace Relations Act 1996 (Cth) – ss 178, 170CH, 170JC(3).