700Order for damages or reinstatement

700 Order 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.

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(5) In this section—

employee includes an individual who works under a contract for services.

employer, of a prospective employee, includes a prospective employer of the employee.