What is the prescribed period in relation to a reservist who is reinstated after demobilisation?

Where an employee who is a reservist is reinstated by his or her employer following demobilisation, there is a prescribed minimum period during which the employer must continue to employ him or her, unless it is no longer reasonable and practicable to do so. The prescribed reinstatement period is a minimum of:

  • 13 weeks, where the employee had less than 13 weeks' continuous service when he or she ceased to be employed by the employer due to mobilisation;
  • 26 weeks, where the employee had at least 13 weeks' but less than 52 weeks' continuous service when he or she ceased to be employed by the employer due to mobilisation; or
  • 52 weeks, where the employee had 52 weeks' continuous service or more when he or she ceased to be employed by the employer due to mobilisation.

During the prescribed period, the employee must remain in the occupation and on the terms and conditions to which he or she was reinstated, or in an occupation and on terms that are no less favourable. If at any time during the prescribed period this ceases to be reasonable and practicable, the employer must offer the employee the most favourable alternative position, on the most favourable terms and conditions that are reasonable and practicable.