employer obligations for staff on Jury Duty

AFTA @ Work Newsletter - September article

• Q) I am the manager of a travel retail business. One of my employees has been selected for jury duty. I am worried because she may be away from work for a long period of time. Am I obliged to pay her for the time she has off work? Cindy, Bathurst

A) You need to refer to the National Employment Standards. An employee who engages in an ‘eligible community service activity’ is entitled to be absent from work for the period they are engaged in the activity. Jury service is an eligible community service activity.

The employee must give you notice as soon as practicable. She must also advise you of the expected period of absence. You are entitled to ask for evidence that the employee will be engaging in jury duty. You may request a copy of her summons, for instance.

The employee is entitled to be paid at her normal base rate of pay for her ordinary hours of work in the relevant period of absence. Although, casual employees are not entitled to be paid. The employee must demonstrate that she has taken all steps to ensure that she is paid any jury service pay she may be entitled to under alternative legislation. The amount owed to the employee is then reduced in accordance with what she has already been paid in jury service pay. You only need to pay the employee for the first ten days of absence.

For more information please contact:

Kayt Hogan
LHD Lawyers
Solicitor
LHD Lawyers

Suite 1, Level 3,
130 Elizabeth Street
Sydney NSW 2000
Tel: 9264-6644

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