sec.239Remedies if employee prejudiced for engaging in protected industrial action

### sec.239 Remedies if employee prejudiced for engaging in protected industrial action The commission may order an employer who contravenes section 238 (1) — if the contravention was dismissing the employee— to reinstate the employee to the position the employee occupied immediately before the dismissal; or to re-employ the employee in a position at least as favourable as that position; and to pay the employee who is dismissed, injured or prejudiced compensation for loss suffered because of the dismissal, injury or prejudice. The rights of and relating to reinstatement and re-employment that are conferred on an employee by this section do not limit any other rights of the employee. (sec.239-ssec.1) The commission may order an employer who contravenes section 238 (1) — if the contravention was dismissing the employee— to reinstate the employee to the position the employee occupied immediately before the dismissal; or to re-employ the employee in a position at least as favourable as that position; and to pay the employee who is dismissed, injured or prejudiced compensation for loss suffered because of the dismissal, injury or prejudice. (sec.239-ssec.2) The rights of and relating to reinstatement and re-employment that are conferred on an employee by this section do not limit any other rights of the employee. - (a) if the contravention was dismissing the employee— (i) to reinstate the employee to the position the employee occupied immediately before the dismissal; or (ii) to re-employ the employee in a position at least as favourable as that position; and - (i) to reinstate the employee to the position the employee occupied immediately before the dismissal; or - (ii) to re-employ the employee in a position at least as favourable as that position; and - (b) to pay the employee who is dismissed, injured or prejudiced compensation for loss suffered because of the dismissal, injury or prejudice. - (i) to reinstate the employee to the position the employee occupied immediately before the dismissal; or - (ii) to re-employ the employee in a position at least as favourable as that position; and