Employers who refuse to pay staff called for jury service may be held in contempt of court and fined, a Whangarei District Court judge has warned.
Judge Arthur Tompkins also criticised an Employers' Institute booklet advising employers they had no legal obligation to pay staff serving on juries.
The judge yesterday summonsed
the owner of Whangarei and Kamo Vehicle Testing, Harry Clyde, to explain his policy of not paying staff who took time off to be jurors.
The case resulted after one of Mr Clyde's employees asked to be excused from jury service because she would not be paid.
Defence lawyer John Day said Mr Clyde's policy had been in place for more than 10 years and was made on the basis that the testing station had an obligation to the road-using public to ensure vehicles were roadworthy. The woman called for jury service had responsibilities not easily duplicated.
Mr Clyde took support for his policy from the Employers' Institute manual.
However, the manual also noted that many employers saw allowing jury service as part of their social or community obligation.
Judge Tompkins expressed concern at Mr Clyde's policy. "In my view it is incumbent on employers to avoid imposing direct or indirect financial penalty when employees are summonsed to serve and it may amount to a contempt of court for any employer to impose such a penalty," he said.
Judge Tompkins imposed no penalty and said Mr Clyde had not wilfully sought to challenge the integrity of the jury system.
- NZPA
