57Protection of employment rights

57 Protection of employment rights

A person who is absent from his or her usual employment for the purposes of participating in emergency management, or participating in a rescue and retrieval operation during or after the incident or other event that is the reason for the operation, is not liable for dismissal or loss of long service leave, sick leave, recreation leave or other benefits to which he or she may be entitled under any industrial award or agreement or under any law by reason only of that absence (whether or not his or her usual employer has consented to that absence) if –

(a) the person is a member of, or has a member-like association with, the State Emergency Service, another statutory service, a municipal volunteer SES unit or an affiliated organisation and either –

(i) was requested by or on behalf of the State Emergency Service, statutory service, municipal volunteer SES unit or affiliated organisation to participate in the emergency management or rescue and retrieval operation; or

(ii) no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made; or

(b) the person has been directed or required under the exercise of emergency powers or special emergency powers to so participate in the emergency management or rescue and retrieval operation.