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Excellent, many thanks!
CombatMP265 said:....
Three, they removed the protection for those with civi jobs from the first reading (position holding, and penalties for break the law). Therefore this bill is really only for students.
Yes it does cover resumption of work, but it does not cover position holding. Which means that when a reservist returns from tour it does not gaurantee they will be doing the same job as before. Therefore, while their civi employer has to hire them back, they are not bound to give them their same job and/or pay. That's the real issue.Dunderhead said:I'm not sure why you say this. Section 60H1 of the Act doesn't cover resumption of work, but it does refer to the NS Labour Standards Code. http://www.gov.ns.ca/legislature/legc/statutes/labourst.htm. The Code already covers Resumption of Work under section 59g.
I suppose we just wait for the challenge - and a judge to interpret "required" leave and "Training." And I would imagine the bad publicity could have more teeth than a $5,000 fine.
CombatMP265 said:.....Therefore, while their civi employer has to hire them back, they are not bound to give them their same job and/or pay. That's the real issue.
Another thing cut out of the act was seniority. If you go on tour there is no garuntee that seniority and promotion merits will be held either.
No it doesn't cover what I was talking about. Reread those sections you quoted. They refer to pregnency leave and parental leave only. That quote has nothing to do with reserve leave.Dunderhead said:NS labour code section 59G says:
"59G (1) When an employee returns to work upon the expiry of a leave of absence taken pursuant to Section 59, 59A or 59B or returns to work pursuant to Section 59C, the employer shall permit the employee to resume work
(a) in the position held by the employee immediately before the leave began or, where that position is not available, in a comparable position with not less than the same wages and benefits; and
(b) with no loss of seniority or benefits accrued to the commencement of the leave."
I'm no expert at reading this stuff, but doesn't that cover what you were concerned about?
CombatMP265 said:No it doesn't cover what I was talking about. Reread those sections you quoted. They refer to pregnency leave and parental leave only. That quote has nothing to do with reserve leave.
George Wallace said:Apparantly there is already a program in place to deal with this. I should be getting a briefing on it sometime in the next week or two. Everyone is supposed to get it. It deals with Job protection for Reservists when they Deploy or are Tasked.
This has been discussed before on Army.ca BUT here goes,
The best job protection that the Gov't can provide is to make the hiring of reservists "irresistible".
1. Quantify the special qualities that reservists bring to the job
2. Provide a financial incentive for the employer to let reservists go take their courses, take predeployment training and deploy. The employer has to reschedule or hire replacement staff - make it worth his while. Provide a tax credit for the wages they will pay same said replacement. Cover off the company benefits paid (health care, UIC, CPP, group health, etc).
3. When the CF schedules a course..... run the course - stop cancelling courses at a couple of days from the date of departure.
geo said:Haggis,
As stated, the smartet thing the CF could do is to work out financial incentives with the revenue department.
That transcends labour laws and hits the business owner right in the pocketbook - where he'll understand.