700Order for damages or reinstatement

700 Order for damages or reinstatement (1) This section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee. (2) In addition to imposing a penalty, the court may make 1 or more of the following orders— (a) an order that the employer pay, within a stated period, the employee or prospective employee the damages the court considers appropriate to compensate the employee or prospective employee; (b) for an employee—an order that the employee be reinstated or re-employed in the employee’s former position or, if that position is not available, in a similar position;

(c) for a prospective employee—an order that the prospective employee be employed in the position for which the prospective employee applied or, if that position is not available, in a similar position. (3) An order for damages under subsection (2)(a)— (a) can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and (b) is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings. (4) A person against whom an order is made under subsection (2)(b) or (c) must comply with the order. employee includes an individual who works under a contract for employer, of a prospective employee, includes a prospective employer of the employee. Division 2 Offences about false or misleading