QLDIn ForceAct
Industrial Relations Act 2016
sec.119Entitlement
Start here
Get a plain-English read of sec.119
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 2016.
### sec.119 Entitlement
If the employee is required to attend for jury service, the employee—
is entitled to take leave ( jury service leave ) to perform jury service; and
must, as soon as is practicable, tell the employer—
the employee is required to attend for jury service; and
about the period for which the employee is required to perform jury service.
If the employee is given an attendance document in relation to the jury service, the employee must give the employer the document.
For the period of jury service leave, the employer must pay the employee the difference between the following—
the amount stated in the employee’s attendance document as the amount received as remuneration and allowances, other than meal allowances;
the ordinary rate the employee would have been paid if the employee had not taken jury service leave.
The amount payable under subsection (3) must be paid on or before the first pay day that is practicable after the employee gives the employer the employee’s attendance document.
Subsection (6) applies if—
the employee is not required to serve on a jury for a day or part of a day after attending for jury service; and
the employee would ordinarily be working for all or part of the remaining day.
The employee must, if practicable, present for work at the earliest reasonable opportunity.
In this section—
attendance document , in relation to jury service performed by an employee, means a document, or a copy of a document, stating the following matters under the Jury Act 1995 —
the employee’s attendance under a requirement to attend for jury service;
the number of days of attendance;
the amount received as remuneration and allowances, other than meal allowances.
required to attend for jury service means the employee—
is given a summons under the Jury Act 1995 , section 27 requiring the employee to attend for jury service; or
is instructed under the Jury Act 1995 , section 38 to attend for jury service.
(sec.119-ssec.1) If the employee is required to attend for jury service, the employee— is entitled to take leave ( jury service leave ) to perform jury service; and must, as soon as is practicable, tell the employer— the employee is required to attend for jury service; and about the period for which the employee is required to perform jury service.
(sec.119-ssec.2) If the employee is given an attendance document in relation to the jury service, the employee must give the employer the document.
(sec.119-ssec.3) For the period of jury service leave, the employer must pay the employee the difference between the following— the amount stated in the employee’s attendance document as the amount received as remuneration and allowances, other than meal allowances; the ordinary rate the employee would have been paid if the employee had not taken jury service leave.
(sec.119-ssec.4) The amount payable under subsection (3) must be paid on or before the first pay day that is practicable after the employee gives the employer the employee’s attendance document.
(sec.119-ssec.5) Subsection (6) applies if— the employee is not required to serve on a jury for a day or part of a day after attending for jury service; and the employee would ordinarily be working for all or part of the remaining day.
(sec.119-ssec.6) The employee must, if practicable, present for work at the earliest reasonable opportunity.
(sec.119-ssec.7) In this section— attendance document , in relation to jury service performed by an employee, means a document, or a copy of a document, stating the following matters under the Jury Act 1995 — the employee’s attendance under a requirement to attend for jury service; the number of days of attendance; the amount received as remuneration and allowances, other than meal allowances. required to attend for jury service means the employee— is given a summons under the Jury Act 1995 , section 27 requiring the employee to attend for jury service; or is instructed under the Jury Act 1995 , section 38 to attend for jury service.
- (a) is entitled to take leave ( jury service leave ) to perform jury service; and
- (b) must, as soon as is practicable, tell the employer— (i) the employee is required to attend for jury service; and (ii) about the period for which the employee is required to perform jury service.
- (i) the employee is required to attend for jury service; and
- (ii) about the period for which the employee is required to perform jury service.
- (i) the employee is required to attend for jury service; and
- (ii) about the period for which the employee is required to perform jury service.
- (a) the amount stated in the employee’s attendance document as the amount received as remuneration and allowances, other than meal allowances;
- (b) the ordinary rate the employee would have been paid if the employee had not taken jury service leave.
- (a) the employee is not required to serve on a jury for a day or part of a day after attending for jury service; and
- (b) the employee would ordinarily be working for all or part of the remaining day.
- (a) the employee’s attendance under a requirement to attend for jury service;
- (b) the number of days of attendance;
- (c) the amount received as remuneration and allowances, other than meal allowances.
- (a) is given a summons under the Jury Act 1995 , section 27 requiring the employee to attend for jury service; or
- (b) is instructed under the Jury Act 1995 , section 38 to attend for jury service.