Employer Support The Defence Perspective

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

2. 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.

3. 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?

4. 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

5. 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

6. Reservists supplyflexible 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”.

7. Availability of Reservistsis 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

8. 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

9. 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

10. The fundamentalsof 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

11. 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

12. 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

13. 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?

14. 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

15. 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

16. 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

17. 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

18. 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

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