Reinstatement in Civil Employment Appeals: Umpire's Decisions

Umpire's decisions on appeals against the decisions of local Reinstatement Committees under the Reinstatement in Civil Employment Act 1944. The series also includes selected case files.

For records of the National Insurance appeals machinery see

Topics

Labour

The Reinstatement in Civil Employment Act 1944 obliged employers to reinstate former employees on release from military service or civil defence forces on written application within a prescribed period of time. Employees were to be reinstated for a period of twenty six weeks, or fifty two in the case of continuous employment of at least one year, on terms and conditions no less favourable to the applicant than during his previous term of employment.

Reinstatement could be refused where this would entail the discharge of another permanent employee whose period of employment exceeded that of the applicant prior to military service. Unsuccessful applicants could appeal to a Reinstatement Committee comprising members representative of both employers and employed persons and assessors appointed by the Minister of Labour. The committees could issue an order that employment be made available or compensation paid for loss of earnings. Appeals against a committee's decision or its refusal to issue an order were heard by the Office of the Umpire, an independent statutory authority originally appointed by the Crown under the National Insurance Act 1911 to hear appeals in national insurance and contributory pensions cases. In 1947 this function was transferred to the National Insurance Commissioners and the Umpire thereafter heard appeals under the Reinstatement in Civil Employment Act 1944 and the National Service (Miscellaneous) Regulations 1948.