Victorian Consolidated Legislation

Juries Act 2000 - SECT 76

Employment not to be terminated or prejudiced because of jury service

76. Employment not to be terminated or prejudiced because of jury service



(1) An employer must not-

   (a)  terminate or threaten to terminate the employment of an employee; or

   (b)  otherwise prejudice the position of the employee-

because the employee is, was or will be absent from employment on jury
service. Penalty: In the case of a body corporate, 600 penalty units; In any
other case, 120 penalty units or imprisonment for 12 months.

(2) In proceedings for an offence against subsection (1), if all the facts
constituting the offence other than the reason for the defendant's action are
proved, the onus of proving that the termination, threat or prejudice was not
actuated by the reason alleged in the charge lies on the defendant.

(3) If an employer is found guilty of an offence against subsection (1), the
court may-

   (a)  order the employer to pay the employee a specified sum by way of
        reimbursement for the salary or wages lost by the employee; and

   (b)  order that the employee be reinstated in his or her former position or
        a similar position.

(4) If the court considers that it would be impracticable to re-instate the
employee, the court may order the employer to pay the employee an amount of
compensation not exceeding the amount of remuneration of the employee during
the 12 months immediately before the employee's employment was terminated.

(5) An order under subsection (3)(a) or (4) must be taken to be a judgment
debt due by the employer to the employee and may be enforced in the court by
which it was made.

(6) The amount of salary or wages that would have been payable to an employee
in respect of any period that his or her employer fails to give effect to an
order under subsection (3)(b) is recoverable as a debt due to the employee by
the employer in any court of competent jurisdiction.