Employers ‘must respect the judicial process’ when employees are summoned for jury duty

A recent Local Court decision in NSW has reminded employers of their obligations to staff members who require time off work to serve on a jury.

In the matter of R v The Gilded Wombat Pty Ltd, which came before Magistrate Scott Nash at Sydney’s Downing Centre last week, an employer was found guilty of threatening an employee who took recommended time off while serving jury duty on a murder trial.

In a statement, the NSW Department of Communities and Justice said the decision is believed to be the first case brought over an employer threatening a juror.

The Local Court heard that the juror in question was called up for duty in a NSW Supreme Court murder case, which ran from February to April 2023. Over the course of the eight-week trial, the juror was rostered on to work three out of every four weekends at a vintage clothing shop, based in the inner western suburbs of Sydney.

The judge advised, however, that the juror should take weekends off so that they might be able to “rest and process” the case, the department noted.

Despite two letters from the judge stating the juror was to rest on the weekends, the employer contacted her to say she had breached company policy by failing to fulfil her working hours. Then, after returning to work, the juror was advised they would be subject to an upcoming disciplinary hearing, at which they would face either a warning or termination.

The NSW Sheriff’s Office pursued the matter, and the employer was ultimately found guilty on 27 August on charges of threatening an employee called for jury duty with dismissal or an alteration to their employment.

The punishment for such threats to employees who are called up for jury duty can include fines up to $22,000 and imprisonment of up to 12 months.

The threats, Magistrate Nash said, undermined the Jury Act, and labelled the conduct of the employer “inexcusable”.

A spokesperson for the NSW Sheriff’s Office said: “This significant judgment underlines the critical role jurors play in the administration of justice in NSW.”

“It also highlights the obligations employers have to their employees who are selected to sit on a jury panel.”

“This is an important reminder to employers that they must respect the judicial process, and heavy fines apply if they unfairly punish staff serving jury duty.”

Sentencing in the matter will occur on 19 November.

Jerome Doraisamy is the managing editor of Momentum Media’s professional services suite, encompassing Lawyers Weekly, HR Leader, Accountants Daily, and Accounting Times. He has worked as a journalist and podcast host at Momentum Media since February 2018. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.