The Cadet Hand Book and Section Roll/Non-attendance

by Robert Stupart

NON-ATTENDANCE.

No employer shall prevent, or attempt to pre­vent, any employé who is serving or liable to serve in the Cadets or Citizen Forces, and no parent or guardian shall prevent any son or ward who is serving, or is liable to serve, from rendering the personal service required of him, or from attending any camp of instruction appointed to be held by the Headquarters of the Commonwealth or any Military District, and no employer shall in any way penalize or prejudice in his employment, or attempt to penal­ize or prejudice in his employment, any employé for rendering or being liable to render such personal service, or for attending such camp, either by re­ducing his wages or dismissing him from his employ­ment or in any other manner:

Provided that this section shall not be construed to require an employer to pay an employé for any time when he is absent from employment for the purpose of training.

Penalty: One hundred pounds.

In any proceedings for any contravention of this section, it shall lie upon the employer to show that any employé, proved to have been dismissed or to have been penalized or prejudiced in his employment, or to have suffered a reduction of wages, was so dismissed, penalized, or prejudiced in his employment or reduced for some reason other than for having rendered or being liable to render the personal service required of him or for attending the camp.

Every person, who in any year without lawful ex­cuse evades or fails to render the personal service required by the Defence Act, shall be guilty of an offence, and shall, in addition to the liability to be classified as "non-efficient," be liable to a penalty not exceeding One Hundred Pounds.

Every person who, being a person liable to training under the Defence Act:

(а) Fails, without lawful excuse, to attend a compulsory drill; or

(b) Commits a breach of discipline while on parade,

shall be guilty of an offence, and shall, in addition to the liability to be classified as "non-efficient," be liable to a penalty not exceeding Five Pounds.

Any penalty under this section may be recovered summarily on the information or complaint of a prescribed officer. In addition to any penalty imposed, or (where the Court is of opinion that the imposition of a penalty would involve undue hardship), in lieu of must pass at either of such examinations, or the one next following, which, however, must exceed a imposing any penalty, the Court may, if it thinks fit, commit the offender to confinement in the custody of any prescribed authority for such time not exceeding twenty days, as it thinks fit, or for a time correspond­ing in duration to the time which, in the opinion of the Court, would be taken up in rendering the personal service required.

Any person committed to the custody of a pre­scribed authority, in pursuance of this authority, may be detained by that authority at any prescribed institution or place, and while so detained shall be subject to the regulations governing that institution or place, and to training and discipline as prescribed.

It shall not be necessary for the confinement to be continuous; but the person having the custody of the offender may (subject to the regulations) release him for such periods, and call upon him to return to custody at such times, as he thinks fit; to the intent that he may follow his occupation, and that the times and periods of his confinement may correspond, as nearly as practicable, with the times and periods which he ought to have occupied in rendering personal service.

Any person detained in any prescribed institution or place in pursuance of this section who escapes therefrom, or who being released from custody fails to return thereto, may be arrested without warrant by any prescribed person, and taken back to the institution or place, and may on the application of any pre­scribed officer be ordered by any Court of summary jurisdiction to be detained for such additional period not exceeding twenty days as the Court thinks fit to order.

Every person who, without lawful excuse, evades or fails to render the personal service required, shall, unless and until he has performed equivalent personal service as prescribed, be and remain ineligible for em­ployment of any kind in the public service in the Commonwealth.

Any member may be dealt with by his Commanding Officer for absence from even a single parade, under the disciplinary clauses of the Acts and Regulations, if it should appear to him that the circumstances of the absence constitute a breach of discipline.