145Reinstatement in employment

##### 145 Reinstatement in employment (1) Where an application has been made under this Division and is still in force, the former employer shall, at the date notified to him, or last notified to him, as the date on which the applicant will be available for employment, or as soon thereafter as is reasonably practicable, make employment available to the applicant in accordance with this section. Penalty: Two hundred dollars. (2) The employment to be made available under this section is employment in the occupation in which the applicant was employed immediately before he became a member of the Forces and under conditions not less favourable to him than those which would have been applicable to him in that occupation if he had remained in the employment of the former employer, including any increase of remuneration to which he would have become entitled if he had remained in that employment. (3) A former employer shall be deemed not to have made employment available to the applicant unless he has given reasonable notice in writing to the applicant of the availability of that employment. (4) In proceedings for an offence against this section, it is a defence for a former employer to prove: (a) that, after having been given reasonable notice by the former employer that employment was available to him, the applicant failed, without reasonable excuse, to present himself at the time and place specified in the notice; or (b) that, by reason of a change of circumstances (other than the employment of some other person to replace the applicant): (i) it was not reasonable or practicable to reinstate him; or (ii) it was not reasonably practicable to reinstate him in accordance with subsection (2) of this section and that the former employer has offered to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable.