If one of your employees receives a summons for jury service, you’re legally required to release them (unless they’ve been excused).
Jury service generally lasts not more than four weeks. During that time, your employee may be asked to attend court on certain days for the jury selection process.
If selected to serve on a jury, they’ll attend court every day until the trial finishes.
This page explains the jury selection process and your obligations as an employer. If you have any further questions, please contact us.
Notice
If your employee receives a jury service notice (called a 'Notice to prospective juror'), it doesn’t mean they’ll necessarily serve on a jury.
It simply means they’ve been randomly selected from the electoral roll and must complete a questionnaire to confirm their availability and eligibility for jury service.
Summons
If, based on their questionnaire answers, your employee is deemed suitable for jury service, their name goes into a ‘second selection’.
If their name is randomly chosen from that selection, they receive a summons for jury service.
This doesn’t mean they’ll definitely sit on a jury.
However, they must remain available during the jury service period in case they’re required to attend court for jury selection.
Your employee can provide you with the dates of their jury service period.
Daily availability
Each evening, your employee will be notified—or will need to check—whether they’re required to attend court the following day.
If they’re required, they’ll only be able to give you short notice about their absence from work.
Empanelment and trial
If not selected for a jury
If your employee is not selected for a jury (not empanelled), they’ll usually be let go for the day.
However, they may be asked to return to court another day for jury selection for a different trial.
If selected for a jury
If your employee is selected to serve on a jury (empanelled), they’ll begin immediately and must attend court each day until the trial is over.
Trials in the Supreme or District Court typically last 3–5 days but can take longer, depending on the case.
Excusal application
Your employee can apply to be excused from jury service under certain circumstances.
Acceptable reasons for excusal
Work commitments are not usually an acceptable reason for excusal.
However, your employee may apply if their absence from work would result in, for example:
- substantial financial hardship for your business
- major inconvenience to the public
The Sheriff or Registrar will assess your employee’s application and may decline their request.
Partial excusal
If your employee has unavoidable work commitments during their jury service period (e.g. business travel), they may apply for a partial excusal.
Supporting letter
If your employee applies to be excused from jury service, you’ll need to provide a letter supporting their application.
The letter should explain why their absence would cause difficulties, such as:
- substantial financial hardship for your business
- major inconvenience to the public
Your employee must submit this letter with their completed prospective juror questionnaire or summons.
Important: You cannot apply for your employee to be excused from jury service—only they can.
Your obligations
As an employer, you’re legally required to release your employee for jury service if they’re summoned (unless they’ve been excused).
It’s illegal for you to dismiss or disadvantage them for making themselves available for jury service.
Employers convicted of such an offence may be jailed for up to one year.
Paying your employee
Whether you pay your employee their normal wage while they’re attending jury service depends on the:
- industrial award they’re employed under, and
- arrangements you’ve made with them
If you pay your employee, you can ask them to reimburse you (at least in part) using the payments they receive for jury service.
