576Order for damages or reinstatement

576 Order for damages or reinstatement (1) If an employer or prospective employer is convicted or found guilty of an offence against section 575 in respect of a worker or applicant for employment, the court may (in addition to imposing a penalty) make one or more of the following orders— (a) an order that the employer or prospective employer pay (within a specified period) to the worker or applicant for employment such damages as the court considers appropriate to compensate the worker or applicant for hurt and humiliation as the result of the discriminatory conduct; (b) an order that the employer or prospective employer pay the worker or applicant an amount not exceeding the remuneration that— (i) in the case of a worker, but for the discriminatory conduct, the worker would have received from that employer during the 12 months immediately after the discriminatory conduct was engaged in; (ii) in the case of an applicant for employment, the applicant would have received if the applicant had been employed by that prospective employer for a period not exceeding 12 months from the day on which the applicant made the application for employment; (c) an order that— (i) the worker be reinstated or re-employed in the worker's former position or, if that position is not available, in a similar position; or (ii) the worker or applicant for employment be employed in the position for which he or she had applied or a similar position. S. 576(2) amended by No. 5/2021 s. 29. (2) In making any order under this section, the court must take into account any compensation or damages, or provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the **Accident Compensation Act 1985**, received by the worker in respect of any injury to which the discriminatory conduct relates. (3) Nothing in a proceeding referred to in section 575 or 578 gives rise to an issue estoppel in relation to a claim for compensation under this Act, the **Accident Compensation Act 1985** or the **Workers Compensation Act 1958** or an application or proceedings referred to in Division 2 of Part 7 of this Act or Division 8A or 9 of Part IV of the **Accident Compensation Act 1985**.