Order to maintain continuity

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Overview

See Fair Work Act 2009 s.391(2)

The Fair Work Act provides that the Fair Work Commission may, where appropriate, make an order to maintain continuity of employment in addition to reinstatement.[1]

An order for continuity is an exercise of discretion 'separate and distinct from the decision to reinstate the employee'.[2] This means that a person may be reinstated with or without an order for continuity of employment.[3]

An order for continuity 'ensures that the period specified is taken into account in determining any entitlement to service related benefits.'[4]

Continuity of employment is where a person is considered to have remained as an employee during the period of time between the date of dismissal and the date of re-employment.

References

[1] Fair Work Act s.391(2).

[2] Kenley v JB Hi Fi, Print S7235 (AIRCFB, Ross VP, Watson SDP, Holmes C, 22 June 2000) at para. 27.

[3] ibid.

[4] ibid., at para. 34.

Updated time

Last updated

15 January 2020

 

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