ABSTRACT

If the arbitrator determines that the employee was unfairly dismissed, the scheme envisages that the award will deal with remedy. As we shall see in Chapter 6, the arbitrator is expected to follow tribunal procedures in a number of respects:

• First, the arbitrator is required by para 101 of the scheme, in language that mirrors the ERA 1996, to explain to the applicant the remedies available and elicit from the applicant the preferred remedy.35