78Order for damages or reinstatement

78 Order for damages or reinstatement If an employer or prospective employer is convicted or found guilty of an offence against section 76, the court may (in addition to imposing a penalty) make either or both of the following orders— (a) an order that the offender pay (within a specified period) such damages to the employee or prospective employee against whom the offender discriminated as the court considers appropriate to compensate him or her; (b) an order that— (i) the employee be reinstated or re‑employed in his or her former position or, if that position is not available, in a similar position; or (ii) the prospective employee be employed in the position for which he or she had applied or a similar position. Pt 7 Div. 9 Subdiv. 2 (Heading and ss 78A–78E) inserted by No. 34/2009 s. 6.