Jury Duty - Act Part 6, Section 55
Last updated on April 1, 2021Contents:
Summary
Text of Legislation
Policy Interpretation
Related Information
Summary
This section covers the duties of the employer when an employee is required to be a juror.
Text of Legislation
55. If an employee is required to attend court as a juror, the employer has the same duties under section 54 (2) to (4) in relation to the employee as if that employee were on leave under this Part.
Policy Interpretation
Jury duty is a statutory requirement, not something that may or may not be granted at the discretion of the employer. It is an unpaid leave, unless the employer and employee agree otherwise.
Terms and conditions of employment protected
Section 54 provides that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under this Part. See also s. 56 for an explanation of the effects of leave under this Part on employment and benefit payments.
In the event of a contravention under this Part of the Act, the director may apply a remedy under s.79(2). The determination issued under s.79(2) will include an escalating monetary penalty, subject to s.98.
Employees covered by a collective agreement
Where there is a collective agreement, disputes respecting the application, interpretation or operation of Part 6 must be resolved through the grievance procedure, not through the enforcement provisions of the Act.
Related Information
Related sections of the Act or Regulation
ESA