13Rights of member after resumption etc.

13 Rights of member after resumption etc.

(1) For the purpose of determining the rights of a member who has resumed work, or been reinstated in employment, in accordance with this Part after a period of absence on Defence service, and, where applicable, of the dependants of the member, in respect of:

(a) annual leave for recreation;

(b) leave on the ground of illness;

(c) long service leave or pay in lieu of long service leave (including pay to dependants on the death of the member); and

(d) superannuation or pension (whether for the member or for his dependants);

the succeeding provisions of this section apply. (2) Where a member has resumed work in accordance with the last preceding section, the continuity of the employment shall be deemed not to have been broken by the period of absence on Defence service. (3) Where a member has been reinstated in employment in accordance with the last preceding section:

(a) the period of employment under the contract of employment that was terminated during his period of absence on Defence service shall be deemed to have been served under the contract of employment entered into on the member’s reinstatement in employment; and

(b) the continuity of that period of employment with the period of employment that commenced on reinstatement in employment shall be deemed not to have been broken by the period of absence on Defence service.

(4) Subject to this section, the period of absence on Defence service shall be deemed to be service in the employment. (5) Subject to this section, where rights in respect of a benefit referred to in paragraph (a), (b) or (c) of subsection (1) of this section are dependent upon a number of shifts worked or attendances for work or both, shifts lost or non‑attendances for work during the period of absence on Defence service shall be deemed to be shifts worked or attendances for work, as the case may be. (6) The last two preceding subsections:

(a) do not apply, for the purpose of determining rights in respect of a benefit referred to in paragraph (a) or (b) of subsection (1) of this section, in relation to any part of the period of absence on Defence service during which the member was performing Defence service, other than service referred to in paragraph (b) of the definition of Defence service in subsection (1) of section 6 of this Act; and

(b) do not apply, in relation to the period of absence on Defence service, if, within a period after the member resumes work or is reinstated in employment equal to the period of absence on Defence service, the member resigns from or abandons the employment or is dismissed from the employment in circumstances justifying his dismissal without notice.

(7) Where the member: