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In granting a stay of a reinstatement order, the Fair Work Commission has ruled that an employee should receive what he would have earned if he returned to work, without any requirement to repay the money if his employer's appeal succeeds.

If the employer wished to avoid reinstating the employee for what was potentially a short and disruptive time, then it was appropriate to pay him the remuneration he would have earned had he returned to its employment, Vice President Mark Gibian said.

In May this year, Central Queensland Services Pty Ltd was ordered to reinstate an employee it sacked for misconduct, after he punched a colleague "multiple times".

It took the view that physical violence at work was never warranted, however in hearing the employee's unfair dismissal claim, Deputy President Terri Butler found his actions were "proportionate and reasonable" in the circumstances (read HR Daily's summary of that decision here)...