Alka Kumari v Metro Trains Melbourne [2017] FWC 605

1 Fair Work Act 2009 s.394 - Application for unfair dismissal remedy Alka Kumari v Metro Trains Melbourne (U2016/9610) COMMISSIONER WILSON MELBOURNE, 1 FEBRUARY 2017 Order for reinstatement. [1] Further to my decision in issued on 1 February 2017 ([2017] FWC 605), I order as follows; a) Pursuant to s.391(1) of the Fair Work Act 2009 (the Act) the Respondent, Metro Trains Melbourne, shall reinstate the Applicant, Ms Alka Kumari, to the position she was employed in immediately before her dismissal on 1 July 2016; b) Pursuant to s.391(2) of the Act, the Respondent shall maintain the Applicant’s continuity of employment and the period of the Applicant’s continuous service; c) Pursuant to ss.391(3) and (4) of the Act, the Respondent shall pay to the Applicant all lost remuneration, including superannuation, from the date of dismissal to her reinstatement, from which shall be deducted an amount of one quarter from the total. The payment to the Applicant is to be taxed according to law; d) Reinstatement is to occur within 14 days of the date of this order. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A> PR589860 ORDER -- 1 of 1 --