Every year, 130,000 New Zealanders receive summons for jury duty. The court randomly selects people registered on the electoral roll and who live within 45 kilometres of a court. All registered voters are eligible for jury service, with some exceptions.
As a citizen of New Zealand, an employee of yours may, at some stage, be called up for jury service. If this occurs, they are required to attend, and as their employer you must give them the necessary time away from work.
In this best practice guide for employers, we explain jury service, tips for employers preparing for employees taking jury service and payment. Please note that this is general information and is not intended to replace advice.
Things employers need to remember
If your employee is called up for jury service, they are required by law to attend, and their job is protected while they do so. The law says that you must let your employee attend jury service. The employee must advise you of their expected period of leave as soon as practicable.
If the employee’s absence from work causes difficulty because of special commitments or responsibilities they may have, they can apply to be excused or to have their service deferred, for which you can provide them with a letter of support. This letter will need to very clearly outline the hardship the Company will experience if this employee is not at work.
An employee cannot be dismissed or have their position threatened for attending jury service. If an employer dismisses, threatens or prejudices an employee for attending jury service then they may be liable for a fine of up to $10,000. If it results in the dismissal of an employee, then a personal grievance may also be raised.
If your employee is not selected for jury service, they are free to go back to work. This means they may only be away from work for a few hours during that week. If your employee is selected to be on a jury, they may be away from work for only part of the week, the whole week, or longer than a week. The length of the time they are away from work will depend on the court case.
An employee may also request to be excused on personal grounds, such as based on family responsibilities, medical conditions, or work commitments. This is referred to as deferring jury service and can only be done once. If your employee puts off jury service successfully, they will need to serve within the next 12 months.
In the case where your employee wishes to put off jury service indefinitely, it can only be done with a health, disability, family or other significant personal circumstance creating an issue. Any impact on your business will not be included as a valid reason for indefinitely deferring jury service.
Jury service and payment for employees
Jury duty is unpaid leave in New Zealand. Employees attending jury service will be paid an attendance fee from the Ministry of Justice. However, the fee is not intended to replace a wage or salary, rather to thank the juror for their attendance. As such, the fee is rather small and will only cover the costs incurred by the employee as a result of attending jury service.
The employee is paid weekly for attending jury service for every half day they spend at court. They will only be paid for time they have spent at court. This includes time they have spent at court waiting to find out if they’ll be selected to be on a jury.
Employees must not use their annual leave to cover time off for jury duty. However, you can elect to provide a top up payment. Placing a clause around this service in your employment agreement or covering this topic with an internal policy can therefore be beneficial.
Attendance fees set out by the Ministry of Justice are as follows:
| First 5 days of employee attending court |
6th and subsequent days of employee attending court |
|
|---|---|---|
| For each half day | $31 | $40 |
| If they’re at court between 6 pm and 9 pm | ||
| (this is their payment for whole day) | $89 | $114 |
| If they’re at court after 9 pm (this is their payment for the whole day) | $127 | $163 |
If attending jury service will result in serious financial hardship for your employee, they can apply to the court for a higher payment. The court will give the employee a form that they’ll need to compete and send back including proof of financial hardship.
Create fair workplaces with Peninsula
Employers will need to be prepared when an employee is summoned for jury duty. With the right processes and policies in place, employers can get ahead and provide their employees with assurance while they complete their civil duties. With Peninsula’s tailored services, you can access support and resources that meet all your needs. For free initial advice on how to manage employees on jury service, contact Peninsula.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.