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‘Critical role’ of jurors stressed in Local Court ruling
A recent Local Court decision in NSW has reminded employers of their obligations to staff members who are summoned for jury duty.
Jerome Doraisamy
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.
The Local Court heard that the juror in question was called up for duty in an 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 he 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
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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