# Jury Duty - Employer refusing to pay



## Emma1980 (26 Apr 2011)

Hi
My partner is due to go on jury duty next week and his employer has today informed him that he will not be paying him for the time off. He said he did not provide him with enough notice - he has been out of the country on holidays for the past 3 weeks (the boss that is!) so my partner informed the supervisor. This doesn't appear to be good enough for the boss who told my partner he "didn't handle the situation very well" by not telling him direct!
I know the law states that the employer HAS to pay the employee, but is there any rules or regulations on the notice period that has to be given to the employer??

Thanks


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## JoeB (26 Apr 2011)

There are some rules.

See
http://www.citizensinformation.ie/en/justice/courtroom/jury_service.html

Quote from above.
Rates
...
If you are in employment, the Juries Act 1976 (Section 29) places a duty on your employer to allow you attend for jury service. It is further specified in the law that time spent on jury service is to be treated as if the employee were actually employed. In other words, if you are in employment and are attending for jury service, you are entitled to be paid while you are away from work. Anyone with a contract of employment (i.e., temporary workers, contract workers, etc.) is entitled to be paid by their employer while they are on jury service. There should also be no loss of any other employment rights while you serve on a jury. The Jury office will provide a certificate of attendance on request.
...
end quote.


The link above also gives you the link to complain to if your employer disagrees with this.

I can see your employers point too... he has to pay staff who aren't there?, it seems unfair. The wages should be paid by social welfare, or the courts, not employers.


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## Emma1980 (26 Apr 2011)

Thanks for your response. I understand what your saying about an employer having to pay staff while they are not there, but as it stands by law, he does have to pay him so that is neither here nor there!


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## JoeB (26 Apr 2011)

Well yes, but there are exceptions, and it may be too late now for your employer to apply for such exemptions. But then you did advise the assisant, which is fine, you informed your employer., so he can hardly complain now.


Exemptions may apply if your employer claims that the staff memnber is of such importance to the company that it cannot function without him. School principles etc.


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## Sunny (26 Apr 2011)

The employer doesn't have a case. He cannot be docked wages for attending jury duty. The notice given doesn't come into it. 

Get your Partner to tell his boss that he will explain to the Court how his employer is refusing to pay him and so he can't do his jury duty. 

I know your partner probably doesn't want to cause a row so he can apply to be excused on the basis of work committments.  I am sure his employer will back him up. There is no time limit to asking to be excused.


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## Emma1980 (26 Apr 2011)

Thanks Sunny, that's not a bad idea. If he goes in Tuesday and they look for reasons to be excused, he could say that his employer is refusing to pay him and he does not want to risk his job. 
I'm hoping his boss is just having a rant (a very unfair one at that!) and will realise that he is completely wrong in what he is doing.


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## JoeB (26 Apr 2011)

Well, the notice given could be a problem.

In your case I agree that notice was correctly given, as you informed your supervisor.

But if notice wasn't given then the employer could argue his case, regardless of the law. For example, you cannot ring your boss from the airport and demand your holidays, starting right now,.. even if you have holidays due.

Likewise, (not in your case), you cannot ring your employer from the courthouse, saying you're on jury duty.


Your supervisor should have told your main boss,.. if he didn't then your boss needs a more capable supervisor. If it's a small company then the boss may not have anticipated this, and so it's a lesson learned.


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## ANORAKPHOBIA (26 Apr 2011)

"Exemptions may apply if your employer claims that the staff memnber is of such importance to the company that it cannot function without him. School principles etc. "

I would say this a very poor example for exemption under this particular rule.


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## JoeB (26 Apr 2011)

I think it's the one given on the jury duty form itself... as an example of a critical member of staff, who may be exempted.


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## Emma1980 (26 Apr 2011)

well we already sent the form back to say that he was fine to do jury duty - he advised his supervisor who as you stated, should have then informed the boss when he returned from his holidays. Yes, it's a small company and yes, this should be a lesson learned. It's obviously now too late to apply for exemption seeing as the form has already been sent back??


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## JoeB (26 Apr 2011)

Well yes, it would seem to be too late. If your employer wanted to apply for such an exemption it's likely that he should have told you not to respond immediately, while he applies for the exemption. (Or he may write something to accompany your response to the jury duty).


If you told him and he said nothing then it's his fault. Did the supervisor ask to see the jury duty form?


What will you do if you do the jury duty, and then your employer refuses to pay? Would you leave the job and take him to court?, or.. you may just have to accept it. Of course you could keep the job, and also take him to court but that often doesn't work too well.


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## Sunny (26 Apr 2011)

It's not too late. He can ring up or even turn up on the first day and ask to be excused. I did it at last minute before.


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## Emma1980 (26 Apr 2011)

he's going to ring the courts tomorrow and say that his boss won't pay him and can he be excused as he can't afford to go and can't afford not to turn up due to the fine. he's worried though that the courts will confirm that his boss is right in what he is doing and that x amount of notice has to be given otherwise he's within his rights not to pay him??!!


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## truthseeker (27 Apr 2011)

Judges do not look kindly on employers punishing employees for jury duty.


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## Emma1980 (27 Apr 2011)

truthseeker said:


> Judges do not look kindly on employers punishing employees for jury duty.


 
I actually saw that yesterday! I wonder what happened when he returned to court on the monday!!


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