Has one of your employees been called up for jury service?
As an employer, the chance of one of your employees being called up for jury service is quite likely. In most cases you will have to release your employee to attend but did you know that you probably will also have to pay them during this time? Check out below to see what you might be up for, depending on the State where the person is employed.
NSW: According to the Jury Amendment Act 2010, employers are required to pay their employees their normal wage for the first 10 days of their jury service. This does not apply to casual employees. Jurors receive an allowance as well from the Court and the employer can claim this allowance back from the employee while they continue to pay the employee their normal wage. Paid directly to the employee, the allowance is $106.30 daily for the first 10 days of jury service.
For more detail, you can have a look at the NSW Department of Justice’s website:
Victoria: According to the Juries Act 2000 the employer has to pay the difference between what the employee would be reasonably expected to earn and the amount received as their jury payment. As a juror, the employee will receive $60 daily for the first 6 days and $80 per day for the duration of the case. In most cases, this will apply to casual employees as well.
We invite you to have a look at the website of Court Services Victoria for more information: https://www.courts.vic.gov.au/jury-service/attending-jury-service
Queensland: The Jury Regulation 2007 states that employers are required to pay their employees their normal wage for the first 10 days of their jury service. The employer can request to have the juror’s allowance reimbursed to them for the days of absence that have been paid by the employer. The allowance in Queensland is $120.20 daily for the first 20 days of service (a larger amount is received after the 20th day of trial).
For more detail on the payment of jury service, we suggest that you have a look at the Queensland Court’s website:
If you have a presence in any other state or territory, we strongly advise that you have a look at the relevant regulations pertaining to each one.
In all cases of jury service please seek advice from your trusted HR manager or consultant who is best positioned to advise you correctly on this somewhat complicated topic.