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History Lesson - Protection of Reservists employment rights existed back in 1941

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  • History Lesson - Protection of Reservists employment rights existed back in 1941

    Many of you may not be aware that a law was passed in 1941 protecting Reservists jobs at call-up with the onset of what we laughably called the Emergency . It was revoked in 1954 with the passing of the 1954 Defence Act which is the current bedrock act. See the excerpt below http://www.irishstatutebook.ie/eli/1...d/en/html#sec8

    a) either—

    (i) a person who is a Reserve officer has been before, or is after, the passing of this Act called out on permanent service, or

    (ii) a person has been before, or is after, the passing of this Act appointed to temporary commissioned rank, and

    (b) such person (in this sub-section referred to as the former employee) was, at the time he was so called out on permanent service or appointed to temporary commissioned rank (as the case may be), employed by another person (in this sub-section referred to as the former employer) who is neither a Minister of State nor a statutory body responsible to a Minister of State,

    the following provisions shall have effect, that is to say:—

    (c) it shall be the duty of the former employer to reinstate the former employee at the termination of his military service in an occupation and under conditions not less favourable to him than those which would have been applicable if he had not been so called out on permanent service or appointed to temporary commissioned rank;

    (d) if the former employer fails to so reinstate the former employee, the former employer shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds;

    (e) if the former employer is found guilty of such offence, the court by which he is so found guilty may also order him to pay to the former employee such amount (not exceeding six times the sum which would, if he had not so been called out on permanent service or had not been appointed to temporary commissioned rank (as the case may be) and had been in the employment of the former employer at the termination of his military service, have been the monthly remuneration payable to him by the former employer at the time of such termination) as the court thinks fit;
    cough just put it back on the books for heavens sake cough
    Last edited by trellheim; 16 March 2020, 00:12.
    "Are they trying to shoot down the other drone? "

    "No, they're trying to fly the tank"

  • #2
    Originally posted by trellheim View Post
    Many of you may not be aware that a law was passed in 1941 protecting Reservists jobs at call-up with the onset of what we laughably called the Emergency . It was revoked in 1954 with the passing of the 1954 Defence Act which is the current bedrock act. See the excerpt below http://www.irishstatutebook.ie/eli/1...d/en/html#sec8



    cough just put it back on the books for heavens sake cough

    That's great.... what about enlisted personnel???
    Also civilian salary has to come into the equation - bills still need to be paid at home while the reservist is deployed
    Last edited by Truck Driver; 16 March 2020, 02:35.
    "Well, stone me! We've had cocaine, bribery and Arsenal scoring two goals at home. But just when you thought there were truly no surprises left in football, Vinnie Jones turns out to be an international player!" (Jimmy Greaves)!"

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    • #3
      Commissioned male Officers only .
      Don't spit in my Bouillabaisse .

      Comment


      • #4
        Originally posted by Truck Driver View Post
        That's great.... what about enlisted personnel???
        Also civilian salary has to come into the equation - bills still need to be paid at home while the reservist is deployed
        Without such legislation you could see drops of pay of 50%, 60%, 70% for certain personnel. Quite a few reservists who have civilian jobs where they are far more senior relative to their military rank.

        I'm not sure if it's in legislation or in regulation but the UK military matches pay up to GBP 400 a day or GBP 146,000 per year

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        • #5
          We signed up for this. And now is not the time to be asking for extra pay. Discharge is an option if people feel that they cant commit now should they be called up. It's in the print all the time.

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          • #6
            Originally posted by batterysgt View Post
            We signed up for this. And now is not the time to be asking for extra pay. Discharge is an option if people feel that they cant commit now should they be called up. It's in the print all the time.
            Fair point. You're dead right being honest.

            If the call does go out - commit and hope to be looked after later (maybe).

            Comment


            • #7
              Originally posted by batterysgt View Post
              We signed up for this. And now is not the time to be asking for extra pay. Discharge is an option if people feel that they cant commit now should they be called up. It's in the print all the time.
              Spare the flag waving speech. I'm around the block more than long enough
              (as those here who know me will testify).

              I'm well aware of my obligations. If the envelope with the harp pops through my letterbox, I'll be there.

              Otherwise, I can only do what I can do within the bounds of my civilian employment (and more importantly, my family)

              This is a completely new thing with regard to potential mobilisation of reservists - and their employers.
              Which is why legislation definitely needs to be looked at...
              "Well, stone me! We've had cocaine, bribery and Arsenal scoring two goals at home. But just when you thought there were truly no surprises left in football, Vinnie Jones turns out to be an international player!" (Jimmy Greaves)!"

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              • #8
                Well I’d say there is a good few RDF people who have now found themselves unemployed giving that the unemployed numbers not far off doubled since Thursday

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                • #9
                  No order paper for the Dail on thursday yet.
                  "Are they trying to shoot down the other drone? "

                  "No, they're trying to fly the tank"

                  Comment


                  • #10
                    cough just put it back on the books for heavens sake cough

                    Cough... how to get stoned to death.... don't ven think about sneezing..


                    (d) if the former employer fails to so reinstate the former employee, the former employer shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds
                    ;

                    I would suggest the attitude being.. here's your 50 quid now ..fcuk off

                    But seriously I spoke with my line manager last week and suggested that the hospital I work in should be inviting in the local unit and offering them train the trainer in donning PPE specific to the current situation as its only a matter of time before we have boots on the ground in some capacity.

                    I have 60 staff, half of these could be wiped out in one day if the current situation escalates and gets into the hospital system. A simple thing like meeting people and enforcing a visiting ban becomes impossible without having people on the ground.
                    Last edited by hptmurphy; 16 March 2020, 23:51.
                    Covid 19 is not over ....it's still very real..Hand Hygiene, Social Distancing and Masks.. keep safe

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                    • #11
                      My unit had to send all our employers details in the other night to coy hq.

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                      • #12
                        Originally posted by hptmurphy View Post
                        Cough... how to get stoned to death.... don't ven think about sneezing..


                        ;

                        I would suggest the attitude being.. here's your 50 quid now ..fcuk off
                        Or one employer to test the resonable defence clause in the Legislation.

                        (f) if the former employer is charged with an offence under this sub-section in relation to the former employee, it shall be a good defence to such charge if the former employer proves—

                        (i) that the former employee did not before the expiration of one month after the termination of his military service, apply to the former employer for reinstatement, or

                        (ii) that having been offered reinstatement by the former employer, the former employee failed, without reasonable excuse to present himself for employment at the time and place notified by the former employer, or

                        (iii) that by reason of a change of circumstances (other than the engagement of some other person to replace the former employee)—

                        (I) it was not reasonably practicable to reinstate the former employee, or

                        (II) the reinstatement of the former employee in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been so called out on permanent service or appointed to temporary commissioned rank was impracticable and the former employer has offered to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable;
                        It was the year of fire...the year of destruction...the year we took back what was ours.
                        It was the year of rebirth...the year of great sadness...the year of pain...and the year of joy.
                        It was a new age...It was the end of history.
                        It was the year everything changed.

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                        • #13
                          Originally posted by Laners View Post
                          Commissioned male Officers only .
                          The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.


                          Enlisted men were covered by a separate act the previous year.

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                          • #14
                            I apologize for making this sound commissioned vs enlisted that was not the intention, merely to show this types of laws had been on the books and were more of less there as a template if required
                            "Are they trying to shoot down the other drone? "

                            "No, they're trying to fly the tank"

                            Comment


                            • #15
                              As this evening's news has shown, when the Govt wants cooperation, it can throw money at the problem when it suits them. The GPs will get 30 quid to answer each C-19 phonecall and 75 if they actually deal with a C-19 affected person. Clearly, the GPs representatives have used the occasion to twist the arm of the Govt to make sure their mates get paid up front. Reservists haven't got a chance....

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