New Zealand Gazette – 1939 – No. 126

Page 2706

✨ Emergency Regulations



  1. Any employer who fails to comply with the provisions of the
    last preceding regulation commits an offence, and the Court may, in
    addition to any other penalty which may be imposed, order such
    employer to pay to the person whom he has failed to reinstate a sum
    not exceeding an amount equal to twelve weeks' remuneration, or
    remuneration for the period of leave, at the rate at which remuneration
    was last payable to that person by such employer.
  2. In any proceedings for an offence against Regulation 4 hereof
    it shall be a defence to the employer if he proves that the person
    formerly employed did not, before the expiration of one month after
    the termination in New Zealand of such service aforesaid, or before
    the expiration of six months after the termination overseas of such
    service aforesaid, or during any period of leave without pay, as the case
    may be, apply to the employer for reinstatement, or that, having been
    offered reinstatement by the employer, he failed without reasonable
    excuse to present himself for employment at the time and place
    notified to him by the employer, or that by reason of a change of
    circumstances (other than the engagement of some other person to
    replace him)-
    (a) It was not reasonably practicable to reinstate him; or
    (b) His reinstatement in an occupation and under conditions not
    less favourable to him than those which would have been
    applicable to him had he not been accepted for service in
    His Majesty's Forces was impracticable, and that the
    employer has offered to reinstate him in the most favourable
    occupation and under the most favourable conditions reasonably practicable.
  3. No person shall terminate the employment of any employee
    either for the purpose of evading or attempting to evade any
    obligation imposed on him under these regulations or in the expectancy
    that the employee will or may be accepted for service in His Majesty's
    Forces.
  4. In any proceedings for a breach of the last preceding regulation,
    if the Court is of opinion that there is reasonable cause for belief that
    the employment was terminated in breach of the last preceding regulation it shall be deemed to have been so terminated unless the employer
    proves that such termination was for a reason not connected with the
    obligations imposed on the employer under these regulations or not
    connected with an expectancy that the employee would or might be
    accepted for service in His Majesty's Forces.
  5. Where a contract of service is in force between an employer
    and an employee when the employee is accepted for service in His
    Majesty's Forces, then-
    (a) If an arrangement has been or is entered into between the
    parties to the contract, or if the contract makes provision
    for any of the following purposes, that is to say-
    (i) For dealing with all or any of the obligations of the
    parties thereunder in respect of the period of service in His
    Majesty's Forces; or
    (ii) For the reckoning of the period of contractual service
    in relation to the period of service in His Majesty's Forces; or


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✨ LLM interpretation of page content

🏛️ Occupational Re-establishment Emergency Regulations 1939 (continued from previous page)

🏛️ Governance & Central Administration
11 October 1939
Regulations, Emergency, Occupational Re-establishment, Employment, Military Service