If your Unfair Dismissal Claim is successful, you can be awarded your lost wages and to be reinstated to your former position (s 391 (3)).

In  Presbury v Australian Rail Track Corporation Limited [2010] FWA 2282 it was found that reinstatement should be considered before compensation, but if reinstatement is awarded an employer may be liable for lost wages.

While in Lawrence v Coal & Allied Mining Services Pty Ltd [2010] FWAFB 10089, the order was made for lost pay but deductions were made due to the employee’s conduct. In this case, the employee was employed for a long amount of time and breached a safety provision, while the court found that this was a harsh response and ordered the employee to be reinstated pay was deducted due to the safety breach.