A landmark court ruling has highlighted the critical role jurors play in the criminal justice system and reminded employers of their obligations to staff called up for jury duty.
The Downing Centre Local Court found [clothing store The Gilded Wombat Pty Ltd] guilty of threatening an employee who took recommended time off while serving jury duty on a murder trial.
The judgment is believed to be the first case brought over an employer threatening a juror.
The court heard the juror was called up for duty in a NSW Supreme Court murder case which ran from February to April 2023.
During the eight-week trial, the juror was rostered on to work three out of every four weekends in a vintage clothing shop in Sydney’s inner west.
However, she was advised by the judge to take weekends off to rest and process the case.
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.
After returning to work, the woman was informed of an upcoming disciplinary hearing, where she faced either a warning or termination.
The matter was pursued by the NSW Sheriff’s Office, which administers the jury service system.
The employer was found guilty in the Downing Centre Local Court on 27 August on charges of threatening an employee called for jury duty with dismissal or an alteration to their employment.
Magistrate Scott Nash said the threats undermined the Jury Act and the employer’s conduct was “inexcusable”.
Punishment for threatening an employee called for jury duty can include a fine of up to $22,000 and a maximum of 12 months in prison.
Sentencing is due to take place on 19 November.
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.”
Link to DCJ press release here (28 August 2024)
See also:
Section of the Month: 134A (Obstruction) (4 September 2024)
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