The jury system is flexible enough to allow a juror to defer their jury duty to a later period that better suits their circumstances if they are unable to attend when first summoned. This allows the juror to deal with serious inconvenience and hardship affected by personal or employment circumstances. This flexibility ensures this important part of our justice system is shared with all members of the community.
An employee summoned for jury duty can apply to postpone their jury service to a more suitable date. This is a process the juror must apply for, well in advance of the time they are initially summoned for jury duty.
An employee should alert their employer of the requirement for jury duty as soon as possible. Issues of serious inconvenience and/or hardship can then be discussed between the employee and the employer.
However it is important to remember that jury duty is the responsibility of the person summoned and there are serious penalties for an employer acting prejudicial towards an employee when they are doing jury duty. Further information about this matter is detailed below.
An employer must be prepared to make alternative arrangements if a staff member has been summoned for jury duty. Circumstances and claims of hardship may be addressed through the deferral process. Employers may limit inconvenience to their business by encouraging staff to advise them as soon as they receive a summons for jury duty.
Employers can also apply for a reimbursement of lost income when a staff member is doing jury duty if a loss can be substantiated. This also applies to self-employed workers who do jury duty. Refer to the Jury Payments and Claims page for more information.
What do I do if my employee is summoned for jury service?
Show moreA jury summons is issued approximately four weeks in advance, and employees are advised to notify employers of the summons attendance date.
Employers must allow an employee to attend jury service and continue to pay their wages or salary whether full-time, part time of casual.
Employers need to take steps to account for the absence of their employee as jury service can be for an unknown period.
We encourage you to talk to your employee about jury service. In consultation with your employee, you may both consider the option to defer jury service to a later date, not exceeding a maximum of six months. However, this decision remains with your employee, and you cannot make this decision for them.
Do I have to release my employee?
Show moreYes. It is an offence to act in any way prejudicial to an employee if they have received a summons for jury service and you threaten to and/or take action.
Do I have to continue to pay my employee?
Show moreYes, the Juries Act 1957 overrides the Fair Work Act 2009 (Cth) in relation to the payment of wages.
Employers must continue to pay employees irrespective of their employment status, their full entitlements including allowances, shift penalties or regular overtime as if they were at work.
There is a penalty of $10,000 for individual employers and $50,000 for corporations if an employer takes any of the following actions as a consequence of an employee being summoned to jury service.
Pursuant to section 56 (2) of the Juries Act 1957 an employer acts prejudicially against an employee if the employer does any of the following:
a. terminates the employee’s employment.
b. ceases remunerating the employee.
c. reduces the employee’s remuneration.
d. otherwise acts so as to prejudice the employee in relation to his or her employment with the employer.
e. threatens to take an action described in any of paragraphs (a) to (d).
Under the Jury Regulations 2008, If a person loses income as a result of a day or part-day of jury service the summoning officer may, on application by the person, pay a fee for the day that equals the loss. The fee cannot exceed $1000 per day unless the summoning officer is satisfied that the person’s lost income is greater than $1000 and not paying a fee equal to the loss would cause undue hardship to the person.
What happens for fly in fly out (FIFO) employers?
Show moreEmployers will need to communicate with employees to ensure they are released in time to attend as summoned.
We encourage you to talk to your employee about jury service. In consultation with your employee, you may both consider the option to defer jury service to a later date, not exceeding a maximum of six months. However, we do not recommend you suggest to your employee to do jury service on their down time as this is their time to rest and recoup.
How long will my employee attend jury service?
Show moreThe duration of jury service will be determined by the length and number of trials listed each week.
The selection process can continue for up to 5 consecutive days, and if your employee is not selected on any given day they will be released. Employees will be expected to return to work or contact their employer for instructions.
What happens if my employee is selected as a juror?
Show moreIf your employee is empanelled as a juror, they must attend daily for the duration of the trial as directed by the Judge, until the trial concludes or they are discharged.
What if my employee usually works weekends or shift work?
Show moreJury service can be full time Monday to Friday, and some trials run for several weeks.
It is important for employers to consider maximum work hours, minimum break requirements and consecutive days worked or attended for jury service.
If your employee is selected as a juror on a trial and the trial sits on the Friday before and Monday after a weekend, your employee is not required to work their weekend shifts.
Can my employee be excused from a trial after they have been empanelled?
Show moreOnly the judge can excuse a juror after empanelment.
How can I verify my employee attended jury service?
Show moreYou can request your employee provide you a copy of their Attendance Record. Your employee can download an Attendance Record by logging into the Jury WA Portal or the court can provide them a copy to show you.
