sec.700Order for damages or reinstatement

sec.700 Order for damages or reinstatement

This section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee. In addition to imposing a penalty, the court may make 1 or more of the following orders— 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; 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; 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. An order for damages under subsection (2) (a) — can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings. A person against whom an order is made under subsection (2) (b) or (c) must comply with the order. Maximum penalty—$10000. 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. (sec.700-ssec.1) This section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee. (sec.700-ssec.2) In addition to imposing a penalty, the court may make 1 or more of the following orders— 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; 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; 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. (sec.700-ssec.3) An order for damages under subsection (2) (a) — can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings. (sec.700-ssec.4) A person against whom an order is made under subsection (2) (b) or (c) must comply with the order. Maximum penalty—$10000. (sec.700-ssec.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.

• (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;