Long jury trials: what is the employer's obligation?

THURSDAY, FEBRUARY 23: Employers are required to pay their employees who serve as jurors in a Supreme Court trial no matter how long the case lasts.

This from Keith Jensen, president of the Bermuda Employers Council.

Mr Jensen said employers are legally bound to make up the difference that jurors are paid by the court.

Currently, jurors are paid $50 a day.

A fraud trial began in Supreme Court this week and is expected to last for six to ten weeks.

Many potential jurors were not able to serve due to the length of time they would be away from their jobs.

Time off

Mr Jensen explained: “The employer is required to let the employee take the time off that’s required as needed to complete jury duty.

“The employer shall pay the wages of the individual and that can he less by the amount that the employee receives for jury duty.

“The employer would give them the different of what’s being paid by government.”

He said that no matter how long the trial goes, the employee must be paid. “Sometimes, the cases are running several days or weeks”, he added.

Mr Jensen pointed out the employee has to have been with the company for a year, by law.

Law is clear

Asked if employers ever refuse to pay an employee who serves on a jury, Mr Jensen said: “I’m not aware of that happening.

 “If your employer did refuse to pay you, it would go to the labour department. I would think it would be settled quite quickly because the law is clear.

“If not, it could also go to a tribunal. The law doesn’t specify any limitations. It’s what’s required by the court.”

Mr Jensen also said employers must return to work if there is an adjournment in the trial.

“From a practical point of view, an employee is on a jury for a court case, they are usually excused for other cases in that session. Normally they would be excused for the rest of that period.”

He continued: “The employees would normally report back to work if the court session is adjourned for legal arguments and things like that.