NSWIn ForceAct
Industrial Relations Act 1996
88Matters to be considered in determining a claim
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#### 88 Matters to be considered in determining a claim
88 Matters to be considered in determining a claim
> In determining the applicant’s claim, the Commission may, if appropriate, take into account—
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> > (a) whether a reason for the dismissal was given to the applicant and, if the applicant sought but was refused reinstatement or re-employment with the employer, whether a reason was given for the refusal to reinstate or re-employ, and
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> > (b) if any such reason was given—its nature, whether it had a basis in fact, and whether the applicant was given an opportunity to make out a defence or give an explanation for his or her behaviour or to justify his or her reinstatement or re-employment, and
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> > (c) whether a warning of unsatisfactory performance was given before the dismissal, and
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> > (d) the nature of the duties of the applicant immediately before the dismissal and, if the applicant sought but was refused reinstatement or re-employment, the likely nature of those duties if the applicant were to be reinstated or re-employed, and
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> > (e) whether or not the applicant requested reinstatement or re-employment with the employer, and
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> > (f) such other matters as the Commission considers relevant.