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Reservists Job Protection Superthread

  • Thread starter Thread starter elcope
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Heh... am positive that when the formerly employed reservist applies somewhere else - gives his old boss as reference - and when the prospective new employer talks to the old... New will be thrilled to hear about the pending litigation.

Fughetaboutit
 
geo said:
Heh... am positive that when the formerly employed reservist applies somewhere else - gives his old boss as reference - and when the prospective new employer talks to the old... New will be thrilled to hear about the pending litigation. 

...and can susequently be sued for such comments even if what they say is the complete truth, as proven by some past court cases... which is why some companies out there today are switching to a policy of not providing references at all, even that that too is technically illegal (they dont actually refuse, they just make it difficult to follow up on by requesting that all reference requests be sent to the company legal or HR department, in writing, and specifying exactly what information the new employer is seeking)...
 
Ahhh.... but all court cases cost money... lots of money... which the poor unemployed reservist / guardsman does not have.
 
geo said:
Ahhh.... but all court cases cost money... lots of money... which the poor unemployed reservist / guardsman does not have.

Thus the problem - what good are rights if the only way to realize them is if you have the money to pay for it?

 
http://news.gc.ca/web/view/en/index.jsp?articleid=393179

Job protection for Reservists is now the law

OTTAWA, ONTARIO, April 21, 2008 — The Honourable Jean-Pierre Blackburn, Minister of Labour and Minister of the Economic Development Agency of Canada for the Regions of Quebec, today confirmed that members of Canada's Reserve Forces will have their civilian jobs protected under the Canada Labour Code and the Public Service Employment Act, now that Bill C-40 has received Royal Assent and has come into force.

"I am very proud of the fact that the jobs of our reservists are now protected while they are serving our country, whether at home or abroad," said Minister Blackburn. "It is a question of fairness for our reservists and their families, and now that fairness is enshrined in law."

The new legislation provides job protection for reservists who work for employers in federally regulated industries and the federal public sector. It also provides relief to student reservists who have loans under the Canada Student Loan Program.

The bill received Royal Assent last Thursday and an Order in Council was issued on Friday to ensure amendments to the Canada Labour Code (Section 1) and the Public Service Employment Act (Section 6) take effect immediately to protect the jobs of the reservists. The benefit created by the amendments to the Canada Student Loans Act and the Canada Student Financial Assistance Act is scheduled to be in place as soon as regulations are adopted.

The new legislation is part of a comprehensive reinstatement strategy for the Canada Reserve Force announced on January 8, 2008.

For more information, please visit Labour.gc.ca .

Hopefully this is in the right forum.

Anyways my question is, how does this affect part time workers. For example I work part time for the city...does this amendment to the bill protect my job when I require weekends off for exercises? I read over the bill but I still dont quite understand it.
 
I thought I would answer this for you

Reservists working in federally regulated work places and the federal public service are allowed to take a leave of absence without pay from their civilian employment to take part in annual training or in certain operations in Canada or abroad that are designated by the Minister of National Defence. This leave is also available to reservists who are required to train or to report for duty under the National Defence Act
 
torunisfun said:
http://news.gc.ca/web/view/en/index.jsp?articleid=393179

Hopefully this is in the right forum.

Anyways my question is, how does this affect part time workers. For example I work part time for the city...does this amendment to the bill protect my job when I require weekends off for exercises? I read over the bill but I still dont quite understand it.

No this bill does not effect you, as municipal employees fall under PROVINCIAL jurisdiction.
 
Another thing....
This won't do anything for the Reservist who is working on class B at one place & his home unit wants him to take a career course.

That Class B employment unit can & will often kaybosh any idea or hope of same said reservist dissapearing for the duration of his course.... IE - He's here to do a job & the job has to get done.... he'll do the job OR he'll go home.

The CF is prolly on of the worst Federal employers WRT giving reservists time off for courses... or deployments
 
torunisfun said:
Anyways my question is, how does this affect part time workers. For example I work part time for the city...does this amendment to the bill protect my job when I require weekends off for exercises? I read over the bill but I still dont quite understand it.

As Hatchet Man already stated, "No this bill does not effect you, as municipal employees fall under PROVINCIAL jurisdiction."
However, some provinces have enacted provincial job protection legislation that may (or may not) apply to your situation.  The following is a summary of provincial legislation that I found.  There is other info at the site that may be of interest.

http://www.hrinfodesk.com/preview.asp?article=24215
Recent developments

In 2007, the provinces of Ontario, Manitoba, Saskatchewan, Nova Scotia, Prince Edward Island and New Brunswick enacted military leave provisions under their employment standards legislation to provide a person who is required to be absent from his or her employment for purposes of service in the Canadian Forces Reserves with job security and the right to return to his or her employment when service ends. The leave provisions vary slightly in each jurisdiction.

The federal government, although already supportive of military leave policy, in January 2008, intend to table legislation to cover military leave for federally regulated workplaces and the public service. It is expected that the other provinces and territories that do not yet have military leave provisions will follow with their own provisions.

Legal requirements

In general,

“Reserves” means the component of the Canadian Forces referred to in the National Defence Act
 
“Reservist” means a soldier serving either part or full time in the Canadian Forces falling under the Primary Reserve force. Reservists are generally employed in a part-time capacity (Class 'A', less than 120 days per year), however may be employed under full time contract (either Class 'B' or 'C'). Note: Every employment standards legislation depending on the jurisdiction allow all or different types of reservist to be entitled to military leave; you must refer to the definition provided for under employment standards legislation in your jurisdiction). We thank Mr. Steve Ball, B.Comm Human Resources Co-op for this revised definition.
 
“Service” means active duty or training in the Reserves
Briefly, the jurisdictions with military leave provision provide for the following:

Ontario: On December 3, 2007, the Ontario government introduced and gave first to third reading including Royal Assent to a Bill that provides job-protected leave for military reservists under the Employment Standards Act. The Bill is now in force. Such a leave is available for reservists serving on certain domestic operations, such as search and rescue operations or national disasters such as flood relief or ice storms, as well as for international deployments. All employers covered by the Employment Standards Act, regardless of size, are required to provide the leave to eligible employees.

To qualify for the new leave a reservist must have worked for their employer for at least six consecutive months. Reservists are entitled to an unpaid leave period necessary to engage in the operation they are deployed to. In the case of international operations this would include any pre-deployment (training) or post-deployment activities required by the Canadian Forces.

New Brunswick: On December 20, 2007, Bill 11 received Royal Assent and comes into force immediately. Amendments to the Employment Standards Act allow reservists to be away on unpaid leave for up to 18 months and return to their previous position or a position at a similar level as long as the employee has worked for their employer for at least six months.

Prince Edward Island: On October 18, 2007, the Prince Edward Island government gave first, second and third reading to Bill 6, An Act to Amend the Employment Standards Act to provide a person who is employed in Prince Edward Island and who is required to be absent from his or her employment for purposes of service in the Canadian Forces Reserves with job security and the right to return to his or her employment when service ends. The Bill received Royal Assent and came into force on November 2, 2007.

Employees who have worked for an employer for at least six months and who are in the reserve force will be allowed to take unpaid leave to participate in military training or active service. The length of the period of unpaid leave to which an employee is entitled under the Act for the purpose of service is the period necessary to accommodate the period of service for which the employee is required to be absent from work.

Manitoba: On June 14, 2007, the Manitoba government reintroduced, passed and gave Royal Assent in legislation to a bill that amends the Employment Standards Act to provide a person who is employed in Manitoba and who is required to be absent from his or her employment for purposes of service in the Canadian Forces Reserves with job security and the right to return to his or her employment when service ends.

Members of the Canadian Forces Reserves who have worked for their employer for seven consecutive months, who are absent from work for the purpose of service (active duty and/or training), qualify for unpaid Military (Reservist) Leave.

Employers must provide time off and allow employees to return to their job when the leave has ended. There is no restriction on the length of the unpaid leave or how often a reservist can go on leave; employees can take unpaid leave for as long as they continue to serve.

Saskatchewan: On April 26, 2007, Bill 54 received Royal Assent and came into force on assent. Bill 54, The Labour Standards Amendment Act, 2007 provides a person who is employed in Saskatchewan and who is required to be absent from his or her employment for purposes of service in the Canadian Forces Reserves with job security and the right to return to his or her employment when service ends.

Reservists who give their employer the required notice can now be assured that their service with the Canadian Forces, whether domestic or overseas, will not cause them to lose their job. The employer must grant a period of unpaid leave that may be necessary for the employee to complete his or her period of service.

Nova Scotia: Effective April 24, 2007, the Nova Scotia government enacted a private member's bill (Bill 80) that provides a person who is employed in Nova Scotia and who is required to be absent from his or her employment for purposes of service in the Canadian Forces Reserves with job security and the right to return to his or her employment when service ends.

Every employee has a right to return to that employee's civilian employment if the employee

(a) provides the employer with reasonable notice of the employee's intention to

(i) take a leave of absence for a period of service, and

(ii) return to work upon completion of service; and

(b) returns to work or applies for re-employment at the employee's workplace within a reasonable time upon completion of the employee's service.

To learn more details about the topic of unpaid military leave under employment standards legislation by jurisdiction, please refer to the “Military Leave” topic in the Library section under the selected jurisdiction under the heading Benefits.

 
geo said:
Another thing....
This won't do anything for the Reservist who is working on class B at one place & his home unit wants him to take a career course.

That Class B employment unit can & will often kaybosh any idea or hope of same said reservist dissapearing for the duration of his course.... IE - He's here to do a job & the job has to get done.... he'll do the job OR he'll go home.

The CF is prolly on of the worst Federal employers WRT giving reservists time off for courses... or deployments
Not completely true.  I know of 1 guy who was double dipping and he went on two tours in a three year time frame.  As he had retained his badge, it allowed the Reg F WOs to stay in the Guardhouses while he went from a HQ slot.  Nobody seemed willing to answer the question of why they needed the Class B position in the HQ if they could spare that body for 2 years of work-ups and deployment and they never back filled it when he was gone.  Last I heard he was finally being moved off to other pastures after about six years in the position.
 
Garb... there are exceptions but, as you point out, if they need that position filled - why should they let you go the minute you show up?

Had a Cpl who was qualified JLC parts 1 thru 5 but needing that dreaded part 6.
He got a 3 year callout in Valcartier working for a unit in 5 CMBG
They wouldn't spring him for the time to take his part 6...... no way, no how.... NYET!
Only option he had was to give his 30 day notice.
 
STUDENT LOAN RELIEF FOR RESERVISTS DEPLOYING

Trying to keep information all in one place:


The Canada Student Loans Act and the Student Financial Assistance Act have both been amended to allow eligible Reservists who are also full-time post-secondary students to retain interest-free status while they are serving on designated operations.

Eligibility

You will be eligible for this benefit if you:

are in the Canadian Reserves;
are a full-time student;
have a federal student loan but have not started repayment; and
intend to return to school after your designated operations.
Depending on the province or territory that your loan is with, you may be required to make payments on the provincial/territorial portion of your loan. If payments are required, the Government of Canada will ensure that interest is paid on the provincial/territorial loan.

MORE AT: http://www.canlearn.ca/eng/after/payingback/reserv.shtml
 
  Does Bill C- 40 currently provide job protection for reservists across Canada for training and deployment?

  I read through the legislation regarding Bill C - 40 and it looks good, but is it in effect.
 
  The BC Employment Standards Act as of July 2009 does appears to protect reservists for operational duties.  I will submit full document for those interested.  There are certain stipulations to the agreement but there is protection... finally.  Min requirements are four weeks notice,  etc etc. and employee must be allowed to return to work in the same role or a similar role without loss of pay or status.  I'm a little fuzzy on training for reserves in a non operational capacity... more to follow.

 
 
Reservists' leave
52.2  (1) In this section:

"Canadian Forces" has the same meaning as in section 14 of the National Defence Act (Canada);

"reservist" means a member of the reserve force, as defined in section 2 (1) of the National Defence Act (Canada).

(2) Subject to the regulations, an employee who is a reservist and who requests leave under this section is entitled to unpaid leave, for the period described in subsection (3), if

(a) the employee is deployed to a Canadian Forces operation outside Canada or is engaged, either inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation,

(b) the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath, or

(c) the prescribed circumstances apply.

(3) An employee who is a reservist is entitled to take leave under this section for the prescribed period or, if no period is prescribed, for as long as subsection (2) (a), (b) or (c) applies to the employee.

(4) Subject to subsection (5), a request for leave must

(a) be in writing,

(b) be given to the employer,

(i)  unless subparagraph (ii) or (iii) applies, at least 4 weeks before the employee proposes to begin leave,

(ii)  in the case of leave under subsection (2) (a) or (b), if the employee receives notice of the deployment less than 4 weeks before it will begin, as soon as practicable after the employee receives the notice, or

(iii)  in the case of leave under subsection (2) (c), within the prescribed period, and

(c) include the date the employee proposes to begin leave and the date the employee proposes to return to work.

(5) If circumstances require leave to be taken beyond the date specified in the request under subsection (4) (c), the employee must

(a) notify the employer of the need for the extended leave and of the date the employee now proposes to return to work, and

(b) provide the notice referred to in paragraph (a),

(i)  unless subparagraph (ii) or (iii) applies, at least 4 weeks before the date the employee had proposed, in the request under subsection (4), to return to work,

(ii)  in the case of leave under subsection (2) (a) or (b), if the employee receives notice of the extended deployment less than 4 weeks before the date referred to in subparagraph (i), as soon as practicable after the employee receives the notice, or

(iii)  in the case of a leave under subsection (2) (c), within the prescribed period.

(6) If an employee who is a reservist proposes to return to work earlier than specified in the request submitted under subsection (4) or the notice provided under subsection (5), if applicable, the employee must notify the employer of this proposal at least one week before the date the employee proposes to return to work.

(7) An employer may require an employee who takes leave under this section to provide further information respecting the leave.

(8) If an employer requires an employee to provide further information under subsection (7), the employee must

(a) provide the prescribed information in accordance with the regulations, or

(b) if no information is prescribed, provide information reasonable in the circumstances to explain why subsection (2) (a), (b) or (c) applies to the employee and provide it within a reasonable time after the employee learns of the requirement under subsection (7).

 
 

  Hope this helps... OP Podium I don't know what this will mean...
 
Duties of employer
54  (1) An employer must give an employee who requests leave under this Part the leave to which the employee is entitled.

(2) An employer must not, because of an employee's pregnancy or a leave allowed by this Part,

(a) terminate employment, or

(b) change a condition of employment without the employee's written consent.

(3) As soon as the leave ends, the employer must place the employee

(a) in the position the employee held before taking leave under this Part, or

(b) in a comparable position.

(4) If the employer's operations are suspended or discontinued when the leave ends, the employer must, subject to the seniority provisions in a collective agreement, comply with subsection (3) as soon as operations are resumed.
 
Mods: I thought we had another thread on this topic but my searches (2) didn’t find it. Please move this if it’s appropriate. Thanks.

Here, reproduced under the Fair Dealing provisions (§29) of the Copyright Act from today’s Globe and Mail is more on the problems facing the Reserve Forces - specifically on their employers:

http://www.theglobeandmail.com/news/politics/army-reservists-weigh-heavy-on-employers/article1422814/
Army reservists weigh heavy on employers
C.D. Howe analysis urges taxpayer support for companies whose workers are deployed to Afghanistan and elsewhere

Colin Perkel

Kandahar, Afghanistan — The Canadian Press

Published on Thursday, Jan. 07, 2010

The increased reliance of Canada's military on its volunteer part-time soldiers is imposing a financial burden on their employers that taxpayers need to help carry, a new analysis concludes.
Employers, for example, face additional expenses in recruiting and training temporary replacements for deployed employees, or higher overtime bills as others pick up the slack, says the report released Thursday by the C.D. Howe Institute.

The situation has become particularly pressing in light of Canada's lengthy and intensive military involvement in Afghanistan.

About 20 per cent of the troop strength in the war-torn country comes from reservists, who fill myriad jobs as part of Canada's Afghan mission – from hard-edge combat roles or medics to clerical and logistics work.

Some have paid with their lives, most recently the four soldiers who were killed Dec. 30 when their light-armoured vehicle struck a massive roadside bomb outside Kandahar city – the same blast that killed Calgary Herald journalist Michelle Lang.

“Given the key roles Canadian reservists play in meeting Canada's increasing domestic and international security demands, policy makers need to rethink who pays for employer costs when employees deploy,” said Colin Busby, a policy analyst with the Toronto-based think-tank.

Padre Sandy Scott, a minister in Prince Albert, Sask., said his deployment to Afghanistan is costing his St. Paul's congregation thousands of dollars.

There were recruiting costs involved in replacing him, as well as paying travel costs for his replacement to move from Vancouver, Padre Scott said.

Although his actual deployment to Afghanistan is expected to last about seven months, training and other preparation for the mission will mean an absence of closer to 15 months.

“Employers have to be really committed, and they have to be prepared to take a financial hit, as well as a hit to their programs,” Padre Scott said.

“[Reservists] may not be able to go, because they fear if they do go, it will either put their employer in a position that's untenable or their employer won't support it.”

Military figures indicate the Canadian Forces comprise around 90,000 personnel – about one-third of whom are reservists. Close to 10,000 of the part-timers are students; most of the rest are employed.

Currently, the military relies heavily on employer goodwill, stressing the value of reservist employees to companies.

“They are motivated and above all, they have been taught loyalty ... to the team, to the group, to the organization,” the Canadian Forces Liaison Council states.

Most reservists take unpaid leaves of absence but federal and provincial legislation requires their jobs be kept open for them.

Constable Kevin Collier, who now plans ways to counter Taliban propaganda as a lieutenant at headquarters in Kandahar, said his Calgary police force was fully supportive of his deployment, even topping up his military salary – a cost indirectly borne by local taxpayers.

However, before becoming a police officer, he was compelled to quit several construction jobs just so he could go on his three-month training military courses, he said.

The report notes that both the Australian and British governments have programs in place to mitigate the financial stresses on employers, who might be reluctant to hire someone in the first place because of their military ties.

Mr. Busby is recommending a scheme to reimburse employers on a sliding scale based on the reservists' regular civilian earnings.

The cost, he estimates, would be about $26-million in 2010, decreasing as the Afghan mission winds down.

Such a system would share the costs of national defence actions more fairly, he said.

Padre Scott agreed.

“It's a critical piece that needs to be put in place,” he said.

“With financial assistance, of course, some more resources in terms of people can be freed up, so I think it's an absolute necessity.”


Several Army.ca members have commented on the employers’ dilemma. It is, probably, time that the Government of Canada (DND) stepped up and took on some of the burden.
 
"The increased reliance of Canada's military on its volunteer part-time soldiers", "“Given the key roles Canadian reservists play in meeting Canada's increasing domestic and international security demands" flies in the face of the cuts to the Reserve payroll.
Saw this happen many times over the years I was in the Reserve, including the year nobody got paid for 8/9 months when pay was converted to computer.
 
Hi Everyone,

This week I was talking to my buddy out here in BC about a reserve soldier who works for the BC Govt that is getting screwed around by his full time employer. This soldier has been on  military leave for almost a year and is hoping to deploy to Afghanistan. His employer was matching and topping up his pay as per their Collective Agreement, but then all of a sudden they decided that they were not going to continue to support him and now they are “pressuring” him to quit.

I use to work in the for the BC Government in the Liquor Distribution Branch and I looked into the BCGEU Collective Agreement for the clause that would apply. There is 3 that apply under Art. 20.14. I know my experience with being a reservist and the BC Govt...it sucked! I quit my job because of the “support”  and stress I received from this employer. If this person s going through what I  had to put up with I plan to write to my Member of Parliament and my MLA about this treatment....(if its true) This is not acceptable at all.

Has anyone on here from BC heard of this happening to anyone they know? What about other employers? I thought that the new laws were suppose to help protect reservists from this sort of thing happening. 

 
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