Volunteers Employment Protection Act 1973

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Reprint as at 1 October 2008

Volunteers Employment Protection Act 1973

Public Act1973 No 25
Date of assent2 October 1973
Commencement2 October 1973

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Labour.


Contents

Title

1 Short Title

2 Interpretation

3 Act to bind the Crown

3A Application of this Act to employees who have non-statutory rights to volunteers leave

Part 1
Protected voluntary service or training

4 Employee deemed to have leave of absence from employment

5 Resumption of employment after leave of absence

6 Workers not to be dismissed by reason of protected voluntary service or training [Repealed]

7 Workers' rates of remuneration to be computed as if protected period were time served [Repealed]

7A Continuity of employment

7B Contributions to superannuation schemes

8 Annual holidays

9 Other holidays

10 Apprentices [Repealed]

11 Employees to notify employers before commencing protected voluntary service or training

12 Applications for postponement of service or training

13 Proceedings may be taken by Labour Inspector [Repealed]

14 Evidence

Part 2
Service in time of war or emergency

14A Employees to whom this Part applies

14B Entitlement to leave

14C Date of commencement of leave

14D Obligation to notify employer in relation to service in time of war or emergency

14E Obligation to notify employee

14F Employer's notice in relation to return to work and preference for appointment

Part 3
Service in situation of national interest

14G Employees to whom this Part applies

14H Entitlement to leave

14I Duration of leave

14J Right of employer and employee to determine date of commencement of leave by agreement

14K Obligation to notify employer in relation to leave for special service

14L Obligation to notify employee

14M Employer's notice in relation to return to work and preference for appointment

Part 4
Provisions applying in relation to employees taking leave under Part 2 or Part 3

14N Employee's notice in relation to return to work

14O Presumption that employee's position can be kept open

14P Employer's obligations in respect of remuneration and holiday pay

14Q Power to increase entitlement to holiday pay

14R Continuity of employment

14S Contributions to superannuation schemes

14T Early ending of leave under Part 2 or Part 3

14U Extension of leave under Part 2 or Part 3

14V Failure to return to work

14W Failure to accept employment

14X Employees employed to replace employees on leave under Part 2 or Part 3

Part 5
Protection of employment

14Y Termination of employment and discrimination prohibited

14Z Special defences relating to termination of employment

14ZA Special defences relating to termination of employment during volunteers leave

14ZB Special defence relating to termination of employment during 26 weeks following volunteers leave

14ZC Redundancy payments not affected

14ZD Discrimination

Part 6
Remedies available to employees

14ZE Interim order

14ZF Volunteers leave complaints

14ZG Procedures for settlement of volunteers leave complaints

14ZH Power to refer complaint to Employment Relations Authority

14ZI Role of institutions

14ZJ Duty to promote settlement

14ZK Remedies

14ZL Reinstatement

14ZM Non-compliance with formal requirements

14ZN Enforcement of judgments

14ZO Role of Labour Inspectors

14ZP Eligibility criteria based on average hours of work and allowing for periods of authorised leave

14ZQ Demand notice

14ZR Objections to determination or demand notice

14ZS Consequences of demand notice

14ZT Authority to determine entitlement to volunteers leave on objection

14ZU Withdrawal of demand notice

14ZV Procedures available to State employees

Part 7
Miscellaneous provisions

14ZW Regulations

14ZX Compensation for employers

15 Priority in bankruptcy or winding up of compensation ordered to be paid by employer [Repealed]

16 Cancellation of existing liability for service

17 Consequential repeals and amendments

Schedule 1
Enactments repealed

Schedule 2
Change of employer

Reprint notes


An Act to make provision for the protection of the employment of volunteers to Her Majesty's Armed Forces