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Rights of the Ex-Service Employee

22nd September 1944
Page 35
Page 35, 22nd September 1944 — Rights of the Ex-Service Employee
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Which of the following most accurately describes the problem?

The Procedure to be Followed in Implicating the "Reinstatement By in Civil Employment Act, 1944." "Tantalus" IN continuance of the article son the "Reinstatement in Civil Employment Act, 1944," which appeared in last week's issue of this journal, it may be remarkad that employers and applicants are likely to be more concerned regarding the procedure to be followed than with the actual provisions of the Act.

As already stated, Reinstatement Committees are to be appointed, which will consist of a chairman, one person to represent employers, and another to represent employees. The selection of such Committees will be made by the Minister of Labour and National Service from panels composed of persons formed to represent the'respective parties. Assessors also are to be appointed who will be possessed of expert knowledge and who will serve in the capacity of advisers to the COmmittees. They will not vote, however, nor will they take any active part in making decisions or promulgating orders issued by the Committees.

For the purpose of hearing the appeals of any persons who may claim that their justrights have been denied them, an umpire and deputy umpire are to be appointed. These officials will be empowered to revoke or vaity a decision or order made by the Reinstatement Committee, and their ruling in such matters will be final, and includes the dismissal of appeals. The umpires will sit with the assessors, but in the event of one or both assessors being, absent, the umpires are empowered to deal with appeals subject to the written consent of all the parties concerned.

An appeal may be made (a) by an organization of employers, of which the particular employer concerned was a.member on the date when the application was made to the Reinstatement Committee; (b) by an association of employed persons, of which the applicant was a member on the date of application to the Committee.

The Making of Appeals Appeals may be made either by employers or applicants in cases where the decision reached by the Committee is not unanimous. This procedure may be followed without the obtaining of any special permission. In instances, however, where leave to appeal for other reasons has been requested and subsequently refused by the Committee, then an application may be made to the umpire or deputy umpires for such leave, and the latter will have the right to admit or reject such appeals. • Failure to comply with an order made by the Committee or the umpire or deputy umpires renders an employer liable, on summary conviction, to a fine not exceeding £100. In addition, the Court may order paymtnt of a sum to the applicant by way of compensation for loss suffered, or likely to be suffered, by reason of the offence. In order to prevent evasion it is laid down that any person who, with intent to evade the provisions of the Act, terminates the employment of any individual employed by him shall be liable, on summary conviction, to, a fine not exceeding £100. The Court may order such employers to pay the person employed a sum not exceeding 26 weeks' remuneration at the rate which was last paid before the commencement of the employee's war service. .

It must be conceded that the Act reflects upon the Government a genuine effort to protect the employment rights of those who have been in the service of the

Crown Or in the Civil Defence Force. Nevertheless, it is. apparent that many difficulties must arise in the course of administering the Act.

One of . the problems which necessarily must arise concerns the employer who may be directed to discharge a worker who has replaced an employee called up for service with the Forces, and who, at the termination of such service, exercises his right, under the Act, to be reinstated in his former job. The complications arising in such circumstances can be appreciated.

Then there is the case of an employer who may wish to discharge a worker vested with reinstatement rights; and of a worker who may complain that he had been discharged from a scheduled undertaking, whilst the employer asserts that the worker is a person who has been taken into employment in accordance with the terms of the Act. Again, there may be instanced the case of an employee who may appeal against dismissal for serious misconduct on the grounds that he is a worker reinstated under the terms of the Act.

There might also arise a case in which an employer will not admit a worker's reinstatement rights, and, consequently, will apply for permission to discharge. It may be assumed that the foregoing are typical examples of cases which will have to be dealt with.

Consult National Service Officer In seeking guidance and information regarding the Act, employers and employees should consult the National Service Officer, who is in a position to give advice in this matter_ It is worthy of note that workers taking up employment by exercising their reinstatement rights, and employers engaging such workers, are free so to do as the result of modifications in the present restrictions in

• respect of Essential Works Orders. When, however, the period of 26 or 52 Weeks, as the case may be, has expired, and during which time the employer is required, under the Act,. to retain the worker, the terms of the Essential Works Order will apply in the usual way.

It is explained that, for the purposes of the Act, the word " undertaking " includes any business, whether carried on by trade or not, and the activities of any body of persons, whether corporate or unincorporated. This is important.

In respect of persons whose war service ended before the Act became operative, it is laid down that those whose war service terminated not earlier than 26 weeks before the commencement of the Act shall be regarded in the same light as if such termination dated immediately after the Act became effective.

Representative bodies, doubtless, will welcome the right to appeal on behalf of members. From the days of the Licensing Courts it will be remembered that, frequently, when hauliers had a good case, they lost the day through lack of representation and the services of a good and efficient advocate on their behalf. It is hoped, therefore, that road-transport associations, particularly, will be alert to these new responsibilities, and that they will be ready to provide an adequate service ielhis respect for the benefit of their members.

In summing up. the Act, briefly, may be described as the recognition by the Government of a moral obligation fortified by statutory conditions and enforcement.


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