Commonwealth Consolidated Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 32

             (1)  This section applies if an employer has (in accordance with this Part) permitted a member to resume work or reinstated a member in employment.

             (2)  During the period that begins immediately after the member resumes work, or is reinstated in employment, and that is equal to the length of the member’s absence on defence service, the employer must not:

                     (a)  terminate the member’s employment; or

                     (b)  vary the member’s employment by employing the member in a capacity, or under terms and conditions, less favourable to the member than the capacity in which, or the terms and conditions under which, the member was employed on resuming work or being reinstated in employment.

Exception—changed circumstances

             (3)  Paragraph (2)(a) does not apply if, because of changed circumstances since the member resumed work or was reinstated (except employing someone else to replace the member), it was not within the employer’s power to retain the member in employment.

Exception—employee misconduct

             (4)  Subsection (2) does not apply if the termination or variation of the member’s employment was because of misconduct by the member that was serious enough to justify the termination or variation.

             (5)  To avoid doubt, the member’s absence on defence service is not misconduct for the purposes of subsection (4).