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FAQs
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The Reservist
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The Employer
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The Reservist
How do I lodge a complaint?
Click here for more information
How long will a complaint take to resolve?
This will depend on the nature of the complaint and how willing the parties are to resolve the situation. Many situations are solved by a phone call whilst others are mediated. In exceptional circumstances other situations are resolved in court.
Will I need a lawyer?
You do not need a lawyer to make a complaint to DORSP. You may have a lawyer present during mediation, but it is not required. If DORSP decides to take legal action on your behalf, Defence will appoint a suitable lawyer. If you have started private legal action Defence is unlikely to reimburse costs already incurred and is unlikely to employ your lawyer.
Can I withdraw a complaint if I wish to?
You can withdraw a complaint at any time. We accept that people change their mind and that situations are resolved in the work place. It is important to continue to attempt local resolution even after a complaint has been lodged.
The Employer
Can I insist that my employee uses recreation leave or long service leave when they undertake Reserve service?
No. The Act is quite clear that an employer must not require the Reservist to use recreation or long service leave.
Do I have to pay my employee when they are on Reserve service?
The Act does not require you to pay your employee when they are on Reserve service. However, a relevant award or workplace agreement may have an element of paid defence leave that would apply. When paid Defence leave either doesn't apply, or has been exhausted, the member should be given access to leave without pay.
What type of support can I get if I release my employee for Reserve service?
The Employer Support Payment (ESP) Scheme provides payment to qualified employers who release their employees for Reserve service in blocks of five days or more. Click here for more information.
If a complaint is made under the Act by my employee, does it automatically end up in court?
Definitely not. Defence is committed to resolving issues related to the release of employees for Reserve service in the most conciliatory manner possible. However, legal action is one of the options available to Defence under the Act. Click to here for more information.
Remember, The Defence Reserve Service (Protection) Act 2001 and the associated regulations can be found here
The Reservist
How do I lodge a complaint?
Click here for more information
How long will a complaint take to resolve?
This will depend on the nature of the complaint and how willing the parties are to resolve the situation. Many situations are solved by a phone call whilst others are mediated. In exceptional circumstances other situations are resolved in court.
Will I need a lawyer?
You do not need a lawyer to make a complaint to DORSP. You may have a lawyer present during mediation, but it is not required. If DORSP decides to take legal action on your behalf, Defence will appoint a suitable lawyer. If you have started private legal action Defence is unlikely to reimburse costs already incurred and is unlikely to employ your lawyer.
Can I withdraw a complaint if I wish to?
You can withdraw a complaint at any time. We accept that people change their mind and that situations are resolved in the work place. It is important to continue to attempt local resolution even after a complaint has been lodged.
The Employer
Can I insist that my employee uses recreation leave or long service leave when they undertake Reserve service?
No. The Act is quite clear that an employer must not require the Reservist to use recreation or long service leave.
Do I have to pay my employee when they are on Reserve service?
The Act does not require you to pay your employee when they are on Reserve service. However, a relevant award or workplace agreement may have an element of paid defence leave that would apply. When paid Defence leave either doesn't apply, or has been exhausted, the member should be given access to leave without pay.
What type of support can I get if I release my employee for Reserve service?
The Employer Support Payment (ESP) Scheme provides payment to qualified employers who release their employees for Reserve service in blocks of five days or more. Click here for more information.
If a complaint is made under the Act by my employee, does it automatically end up in court?
Definitely not. Defence is committed to resolving issues related to the release of employees for Reserve service in the most conciliatory manner possible. However, legal action is one of the options available to Defence under the Act. Click to here for more information.
Remember, The Defence Reserve Service (Protection) Act 2001 and the associated regulations can be found here
