AP792504 - Pest Control Industry (Victoria) Award 2000
[26 substituted by PR953803 ppc 30Nov04]
26.1 Jury Service
26.1.1 An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.
26.1.2 An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.
26.2 Jury Service (Victoria Only)
26.2.1 The provisions of this clause apply to weekly and eligible casual employees but do not apply to other casual employees.
26.2.1(a) An eligible casual employee means a casual employee employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months, and that the employee has a reasonable expectation of ongoing employment.
26.2.2 An employee required to attend for jury service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount that he or she could reasonably expect to have received from the employer as earnings for that period had he or she not been performing jury service subject to the following conditions:
26.2.2(a) The employee shall advise the employer as soon as practicable that he/she had to attend for jury service, and if required by the employer, produce his/her notice to attend.
26.2.2(b) An employee who has been given more than seven days notice to attend for jury service shall give the employer at least seven days notice and if he/she fails to give such notice, without reasonable excuse, he/she shall forfeit his/her entitlement to payment by the employer.
26.2.2(c) An employee on day shift or day work who is not required for jury service after 1.00 p.m. on any day shall contact the employer by telephone to ask whether the employer requires the employee to report for the balance of the day, and if so required, the employee shall so report.
26.2.2(d) An employee on afternoon shift or night shift who is discharged or excused from jury service upon the day upon which he/she is first called or on any subsequent day on which he/she has been required to take part in court proceedings shall report for work:
26.2.2(d)(i) in the case of an afternoon shift employee, if possible at the employee’s normal starting time or as soon thereafter as possible after being discharged or excused from jury service, and
26.2.2(d)(ii) in the case of a night shift employee, at the employee’s normal starting time.
Provided that an employee on afternoon shift or night shift who is continuing jury service and who has been required to take part in court proceedings for more than half the day shall not be required to report for work until the expiration of his/her jury service and if the jury service has lasted for more than two days until the shift next following the completion of the employee’s jury service.
26.2.2(e) The employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.
