Witness and Jury Service Shift Penalties Casual Employees

Applicable to: WA Health

Interpretation of shift penalties and arrangements for Casual Employees undertaking Jury Service.

Witness and Jury Service – Shift Penalties/Casual Employees

SCOPE

This purpose of this Circular is to outline the application of shift penalties and arrangements for casual employees who undertake jury service in accordance with the relevant Awards and Industrial Agreements.

GUIDELINES

An employee who is undertaking jury service in accordance with their Industrial Agreement is entitled to be paid the appropriate shift penalties that they would have otherwise received had it not been for jury service.

A casual employee undertaking jury service is entitled to receive payment for hours already rostered during the period of jury service. 

A casual employee may also be entitled to payment for hours where there is a reasonable expectation of casual engagements during the period of jury service.  There is no obligation to pay a casual employee for the period of jury service where the casual employee has no reasonable expectation of employment due to performing casual work on an ad hoc basis.

Health Services are required to examine the nature of the casual employee’s engagements to determine any entitlement for payment during a period of jury service.

Any queries regarding this circular can be sent to industrial.relations@health.wa.gov.au


Steve Gregory
A/DIRECTOR
HEALTH INDUSTRIAL RELATIONS SERVICE

Date of effect: 26 June 2013 to

Policy Framework

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