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20.20.3 Exceptions - certain voluntary discharges not caught by S19(4)(c)

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However a different situation arises where it can be demonstrated that a voluntary resignation merely anticipated and narrowly preceded what was already an inevitable outcome i.e. where a MECRB had already recommended a medical discharge due to incapacity for military service. S19(4)(c) only applies where the ADF is continuing to 'offer' employment. Thus, where the ADF plainly and in writing proposes withdrawal of that continued employment, any client decision to forestall involuntary discharge by simply resigning is not subject to S19(4)(c).

Therefore:

  • Where the MECRB has examined the member, concluded that discharge is indicated and invited comment or appeal from that opinion by the member, any subsequent voluntary resignation is not caught by S19(4)(c).
  • Where however the member has merely been warned to appear before a MECRB, or has been examined and downgraded (i.e. anticipating a further review), or similar lesser action, employment is still being offered to the member and S19(4)(c) should apply if the discharge is voluntary.