(1) On an application under section 91 which relates to a determination or decision requiring an employer to re-instate or re-engage an employee, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, instead of making an order under subsection (1) of that section, make a compensation order under this section.

(2) A compensation order under this section is an order directing the employer (in lieu of re-instatement or re-engagement) to pay compensation to the employee.

(3) The maximum amount of compensation which may be ordered under this section is an amount equal to 104 times the amount of the employee's weekly remuneration at the rate which the employee was receiving at the date of the reference of the case under section 77 or would have received at that date but for the discrimination in question.