A NSW Sheriff’s Office spokesperson said the significant case underlined the “critical role” played by jurors in the judicial system.
“It also highlights the obligations employers have to their employees who are selected to sit on a jury panel.”
University of Sydney Law School Professor David Rolph, an expert in the law of contempt, said that “even though these offences exist under jury legislation around Australia, thankfully, courts have not had to penalise employers frequently under them”.
“It’s obviously important for the administration of justice that these offences exist.
“In addition to specific statutory offences, an employer can commit a contempt of court by seeking to prevent a person from complying with a direction to serve as a juror, such as by dismissing or penalising an employee, or threatening to do either of those things.”
In a classic 1981 contempt case, an employer was accused of dismissing an employee because he was summoned for jury service. However, the Full Court of the Western Australian Supreme Court did not find this had been proven.
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