Western Australian Industrial Relations Commission

Interim reinstatement orders – s 44(6)(bb)(ii) Industrial Relations Act 1979

The Full Bench determined the principles to apply when considering an application for an interim reinstatement order pursuant to s 44(6)(bb)(ii).

The Full Bench rejected the submission that the principles that apply to the granting of an application for an interlocutory injunction should be applied when determining an application for an interim order in a case of a claim of harsh, oppressive or unfair dismissal of an employee.  The Full Bench also rejected a submission that s 44(6)(bb)(ii) creates a rebuttable presumption in favour of making an order unless a finding is made in the circumstances that it is inappropriate to grant the relief claimed.

The decision can be read here.

 

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