56Termination of employment because of jury service

### 56 Termination of employment because of jury service > > (1)  An employer must not – > > > > > > (a) terminate or threaten to terminate the employment of an employee; or > > > > > > > (b) otherwise prejudice the position of the employee – > > > > because the employee is, was or is to be absent from employment on jury service. > > > > Penalty:  In the case of – > > > > > > (a) a body corporate, a fine not exceeding 600 penalty units; or > > > > > > > (b) a natural person, a fine not exceeding 120 penalty units or imprisonment for a term not exceeding 12 months. > > > (2)  If an employer is found guilty of an offence under [subsection (1)](#GS56@Gs1@EN) , the court may – > > > > > > (a) order the employer to pay the employee a specified sum by way of reimbursement for the salary or wages lost by the employee; and > > > > > > > (b) order that the employee be reinstated in his or her former position or a similar position. > > > (3)  If the court considers that it is impracticable to reinstate the employee, the court may order the employer to pay the employee an amount of compensation not exceeding the amount of remuneration paid to the employee by the employer during the 12 months immediately before the employee's employment was terminated. > > > (4)  An order under [subsection (2)(a)](#GS56@Gs2@Hpa@EN) or [subsection (3)](#GS56@Gs3@EN)  – > > > > > > (a) is taken to be a judgment debt due by the employer to the employee; and > > > > > > > (b) may be enforced in the court by which it was made. > > > (5)  The amount of salary or wages that would have been payable to an employee in respect of any period that his or her employer fails to comply with an order under [subsection (2)(b)](#GS56@Gs2@Hpb@EN) is recoverable as a debt due to the employee by the employer in any court of competent jurisdiction.