Employer Support The Defence Perspective CIOR Symposium Brno, CZE, 1 AUG 13 MAJGEN Paul Brereton, AM, RFD, Head Cadet, Reserve and Employer Support Division Australian Defence Force

Uniformed Services Employment and Reemployment Rights Act (a) A person who is a member of or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership or obligation. (c) An employer shall be considered to have engaged in actions prohibited under subsection (a), if the person’s membership is a motivating factor in the employer’s action, unless the employer can prove that the action would have been taken in the absence of such membership.

Staub v Proctor Hospital Publicly documented case Only case to reach ultimate court of appeal An effective employment protection system at work, and being taken seriously Importance of reverse onus of proof How could it have been avoided?

Synopsis Defence forces increasing rely on their reserve component The critical vulnerability in this is the availability of reservists to deploy when required and to train From Defence’s perspective, the main purpose of employer support measures is to maximise the availability of reservists The key elements of employer support are: –Employment protection –Employer compensation –Employer engagement Issues for consideration

Defence needs flexible and economical capability Fiscal pressures constrain defence budgets Smaller, professional standing defence forces The security environment has changed Governments expect a wider spectrum of capability requirements from their Defence forces –Conventional warfighting operations –Peace enforcement and stability operations –Humanitarian assistance and disaster relief

Reservists supply flexible and economical capability Reservists are less costly to hold Reservists contribute additional (civilian) skills Reservists are well-suited to certain capability requirements –lower-spectrum –longer lead-time –civil-related Reservists provide flexibility to have capability “on call” but not “on standby”.

Availability of Reservists is the critical vulnerability There is increasing reliance on Defence Reserves for current operational capability Reservists have multiple pressures, and limited time to train –Family –Financial –Defence service and careers –Civil employment and careers Will Reservists be –Available when required –Competent

Why employer support is important to Defence forces The utility and value of Reservists depends on their availability –To deploy when required –To train, so that they have the requisite competencies. This often means an increased training requirement Short of compulsory mobilisation, the main adverse influences on the availability (and recruitment) of Reservists are: –Family situation –Financial position –Civilian employment

The purpose of employer support measures To set the conditions for maximum availability of Reservists for operations and training. This includes: –The availability of current reservists –The willingness of potential reservists to enlist To gain the willing co-operation of employers in the national interest

The fundamentals of employer support Employment protection –Protecting reservists’ civilian employment, so that they are not deterred from serving by uncertainty as to their future employment status Employer compensation –Compensating employers for the disruption occasioned by the absence of Reservists on Defence service Employer engagement –Influencing employers to be willing supporters of Reservists, through education and recognition

Employment protection The key elements of employment protection include: –Prohibiting employers from hindering or preventing employees from volunteering for or rendering defence service –Prohibiting employers from refusing to employ, dismissing or discriminating against employee for reasons associated with Reservist status or service –Obliging employers to reinstate employees without detriment on return from defence service

Protection issues Differing approaches –AUS: Federal Reserve Service Protection Act –CAN: Provincial labour legislation –USA: Federal USERRA –NOR –DEU Burden of proof Scope - contractors, agents, partners, directors Can it be achieved without legislation Balancing the employer’s interest

Employer compensation Employer compensation schemes compensate employers for the disruption occasioned by the absence of a reservist on defence service Schemes operate in AUS, GBR, NLD and POL, and CZE proposes to introduce Issues: –What is the measure of compensation? –Do these schemes provide Defence value for money? –What are the appropriate qualifying requirements? –What about self-employed reservists?

Employer engagement The “soft” side of employer support Why? –From a Reservist’s perspective, there is a great difference between a merely compliant employer and a truly supportive one. –Availability is best secured through mutual support

Employer engagement What do we seek? –An understanding of the importance of the role of the Reserves –A willingness to embrace the obligation to release Reservists as an aspect of civic duty –Pride in the employer’s own contribution to national security by supporting reservist employees –Appreciation of the reciprocal benefits for employers from Reservist employees

Employer engagement Methods –Exposure and education A weekend in the life of a Reservist BOSSLIFT –Recognition Thank You functions Employer awards –Supportive employer programs Issues –Engagement after the drawdown from operations

Employers and veterans While most Reservists generally re-integrate well, a significant number experience issues and challenges on re-integrating into civilian life and employment Recognition of the value of their service is a key factor in successful reintegration: –Avoid perception of rejection or trivialisation, in order to maintain Reservist’s sense of worth. –Ensure security of and enhanced standing in civil employment, in order to remove a major stressor. In the case of returned Reservists, employers are often best-placed to detect signs of problems, and seek or refer for assistance

Summary The critical vulnerability in increasing reliance on the Reserve component is the assured availability of reservists, to deploy when required and to train The main purpose of employer support measures is to maximise the availability of reservists To achieve this: –Reservists’ civilian employment must be protected –Employers may be compensated for the disruption occasioned by reservists’ absence The ideal is to grow a culture in which employers embrace a habitual obligation to release Reservists, and aspire to do so with pride as their own civic contribution

Employer Support The Defence Perspective CIOR Symposium Brno, CZE, 1 AUG 13 MAJGEN Paul Brereton, AM, RFD, Head Cadet, Reserve and Employer Support Division Australian Defence Force