Clause 21

Every employer, who has had in his employment a person for a continuous period of at least six months immediately preceding the day on which such person was ordered to report for or actually perform full-time or mobilized service, shall reinstate such person in his employment at the termination of such service.

Where a person is reinstated under subsection (1) of this section the employer shall whenever practicable reinstate him in an occupation and under conditions not less favourable than those which would have been applicable to him had he not been in service.

Any employer who fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine, and the Court by which he is convicted may order the employer to pay to the person whom he has failed to reinstate a sum not exceeding an amount equal to three months remuneration at the rate at which remuneration was last payable to him by the employer:Provided that in any proceedings under this section it shall be a defence for the employer to prove that the person formerly employed by him did not before the expiration of three months after termination of the service for which such person was called up apply to the employer for reinstatement.