Jury Service & Your Obligations

The courts understand that it can be difficult for employers to let staff attend jury service – but they do ask that you please try to help your staff contribute to the justice system.

What should you do if your employee has been summoned?

Talk with your employee about the dates and duration of their jury service. Discuss how their absence might affect the workplace during that period. Note that the duration of your employee’s summons may not be the actual time they spend serving as a juror. That’s because no-one can be sure exactly how long a trial will actually take. Rather, the duration on the summons is the time your employee is required for the jury selection process.

It’s possible that your employee may be absent from work for only a few hours over the course of one week. It’s also possible that they’ll be selected as a juror on a trial that takes longer than a week. If a longer time is likely, there’ll be a note on your employee’s jury summons advising a time estimate.

Do you have to let your employee attend jury service?

The law requires you to let your employee attend jury service. It’s every New Zealander’s legal right to serve and to be allowed the necessary time off work. Most employers see jury service as a public duty that benefits their staff and the community. A positive attitude to jury service helps to create a good workplace culture.

What if your employee isn’t selected to be on a jury?

If your employee isn’t selected to be a juror on any given day, they should return to work if possible. However, they may still be selected on other days during the week of their summons. Your employee can check whether they’ll be needed at court on any day by phoning the court or referring to their website (see the link at the end of this article). You can expect your staff to be at work on any days when they’re not needed at court.

Do you have to pay your employee during their jury service?

Different employers provide different financial support for staff on jury service. Some employers make up the difference between a juror’s attendance fee and their normal rate of pay. However, you’re not required to do this by law unless it’s included in an employment agreement.

If there’s too much work on now, can your employee serve later?

Jury service can cause serious hardship for an employer or employee. If that’s the case, your employee can apply to defer (put off) their service to a later date within 12 months of the original summons. Your employee must apply to the court using the response form. The registrar will respond within five working days of receiving the application.

For more information about fees, being excused from jury service or any other details, please refer to the Ministry of Justice website below.

http://www.justice.govt.nz/services/access-to-justice/jury-service-1/employers