Section 246 — Workers Compensation Act 1987 (NSW)

(cf IR Act, s 97)
(1) If a worker is reinstated under this Part, the Industrial Relations Commission may order that the period of employment of the worker with the employer is taken not to have been broken by the dismissal.
(2) However if the Industrial Relations Commission does so, the period between dismissal and the date of the application by the worker to the employer for reinstatement is not to be taken into account in calculating for any purpose the period of service of the worker with the employer.

Related sections

• s 243 — Order by Industrial Relations Commission for reinstatement
• s 244 — Presumption as to reason for dismissal
• s 245 — Disputes as to fitness—medical assessment
• s 247 — Duty to inform replacement worker
• s 248 — Dismissal within 6 months of injury an offence
• s 249 — Other rights not affected

Research how courts apply s 246

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.