Employment law in New Zealand outlines the rights and obligations of both employers and employees regarding jury service. While employers are legally obliged to release employees for jury duty, the matter of payment during this period is not universally mandated by statute.
Obligation to Attend Jury Service
A jury summons is an official court document requiring a person to attend court for potential jury duty. If an employee receives a jury summons, their employer has a legal obligation to release them from work to attend jury service [Source: Juries Act 1981, s 14A(1)].
It is an offence for an employer to dismiss, threaten to dismiss, or in any way penalise an employee because they have received a summons to attend as a juror or have attended as a juror [Source: Juries Act 1981, s 32(1)]. This protection ensures that employees can fulfil their civic duty without fear of losing their job or facing other adverse employment actions.
Employer Payment for Jury Service
New Zealand employment law does not contain a general statutory provision requiring employers to pay employees for time spent on jury service. This means there is no specific clause in primary legislation like the Employment Relations Act 2000 or the Holidays Act 2003 that mandates employer payment for jury duty.
Instead, the question of whether an employee receives their regular wages for time spent on jury service typically depends on:
- Employment Agreement: An employment agreement is a legally binding contract between an employer and an employee that sets out the terms and conditions of their employment [Source: Employment Relations Act 2000, s 5]. Many employment agreements or workplace policies will specify whether an employee will be paid for jury service and, if so, under what conditions (e.g., full pay, difference between normal pay and jury allowance, or unpaid leave).
- Workplace Policy: Even without a specific clause in an individual employment agreement, an employer may have an established workplace policy to pay employees for jury service as a matter of goodwill or standard practice.
Ministry of Justice Payments
While employers are not generally required to pay, jurors are entitled to receive fees and allowances directly from the Ministry of Justice for their attendance and travel expenses [Source: Juries Act 1981, s 67]. These payments are intended to cover some of the costs associated with attending court.
Employee Rights and Protections
Beyond the protection against penalisation for attending jury service, an employee retains their general rights under employment law during this period. If an employee believes their employer has breached their employment agreement regarding payment or has unlawfully penalised them for attending jury service, they may raise a personal grievance. A personal grievance is a complaint an employee raises against their employer when they believe they have been disadvantaged or treated unfairly [Source: Employment Relations Act 2000, s 103].
When to Seek Independent Legal Advice
Individuals seeking specific information regarding their employment rights, particularly concerning the terms of their employment agreement, workplace policies, or if they believe their employer has breached their obligations, should consult independent legal advice. Information can be obtained from organisations such as Community Law Centres, citizens advice bureaus, or private legal practitioners. Community Law Centres offer free legal advice to those who qualify.