28Employer must allow member to resume work

#### 28 Employer must allow member to resume work (1) As soon as reasonably practicable after receiving an application under section 27, the employer must: (a) allow the member to resume work, or reinstate the member in employment, in the same capacity in which the member was employed immediately before the start of the member’s absence on defence service; and (b) ensure that the member’s terms and conditions of employment (including remuneration) are at least as favourable as those that would have applied to him or her in that capacity but for the service. Exceptions (2) Subsection (1) does not apply if: (a) the employer agreed to the resumption or reinstatement, but the member: (i) did not make himself or herself available for work as agreed between them; and (ii) did not have a reasonable excuse for not doing so; or (b) because of changed circumstances since the member was employed (except employing someone else to replace the member): (i) it was not within the employer’s power to allow the resumption or reinstatement; or (ii) the employer offered to employ the member in a capacity, and under terms and conditions, that were the most favourable that it was reasonable or practicable to offer him or her. (3) If paragraph (2)(a) applies, the member ceases to be absent on defence service at the time the member was to have made himself or herself available for work under the agreement mentioned in that paragraph. (4) If paragraph (2)(b) applies, the member ceases to be absent on defence service: (a) when the employer informs the member that it was not within the employer’s power to allow the resumption or reinstatement, as mentioned in subparagraph (2)(b)(i); or (b) if the member accepts the offer mentioned in subparagraph (2)(b)(ii)—when the offered employment starts; or (c) if the member does not accept the offer—when the member declines the offer, or 30 days after the employer makes the offer, whichever occurs first.