If the Fair Work Commission (FWC) finds that a dismissal is harsh, unjust or unreasonable it may order that:

• the employee be reinstated
• the employee be awarded compensation not exceeding 26 weeks of pay.

The Fair Work Act explicitly states that the FWC cannot—as part of awarding any compensation—include a component for shock, distress or humiliation, or other damages caused by the manner of the dismissal.