NCJ Number
67124
Date Published
1978
Length
6 pages
Annotation
THIS REPORT TO THE PARLIAMENT OF TASMANIA PRESENTS THE LAW REFORM COMMISSION'S RECOMMENDATIONS REGARDING LOSS OF EMPLOYMENT CONTINUITY AND LEAVE BENEFITS BY INDIVIDUALS WHO ARE IMPRISONED.
Abstract
THE COMMISSION WAS ASKED TO INVESTIGATE THIS AREA AS A RESULT OF AN INDUSTRIAL DISPUTE IN WHICH TWO EMPLOYEES, IMPRISONED FOR CRIMINAL OFFENSES, SUFFERED LOSS OF BENEFITS UPON THEIR REEMPLOYMENT. THE COMMISSION EXAMINED RELEVANT LEGISLATION AND REACHED THE FOLLOWING CONCLUSIONS: FIRST, AN EMPLOYER SHOULD NOT BE COMPELLED TO RETAIN OR TO REHIRE AN EMPLOYEE WHO HAS BEEN IMPRISONED. SECOND, THE THREE LAWS DEALING WITH CONTINUITY OF SERVICE, IN CASES WHERE AN EMPLOYEE IS DISMISSED AND LATER REHIRED BY THE SAME EMPLOYER, SHOULD BE MADE UNIFORM. THIRD, THE LAWS SHOULD PROVIDE THAT ABSENCE FROM WORK SHALL BE COUNTED AS PART OF THE EMPLOYMENT IF THE CONVICTION WAS SET ASIDE ON APPEAL OR IF THE EMPLOYEE WAS REFUSED BAIL AND LATER ACQUITTED. FINALLY, IT WAS CONCLUDED THAT NO OTHER LEGISLATIVE CHANGES WERE NEEDED APART FROM THESE AMENDMENTS. (CFW)