6Remuneration for employed persons

6 Remuneration for employed persons

(1)  For sections 53 and 68(2)(a) of the Act, a relevant person who is an employee or is self-employed is entitled to be paid the remuneration specified in subregulation (3) if the person satisfies the Sheriff that the person has suffered loss of salary, wages or income, or other monetary loss, as a result of the person’s attendance for jury service.

(2)  For the purposes of subregulation (1) , the Sheriff may require the person to produce –

(a) if the person is an employee – a certificate from the person’s employer certifying, or other evidence, that the person –

(i) has suffered loss of salary, wages or income; or

(ii) would otherwise have been rostered for work on a day the person attended for jury service; or

(b) if the person is self-employed – a statutory declaration verifying, or other evidence, that the person has suffered loss of income or other monetary loss.

(3)  Subject to subregulation (4) , the remuneration payable if the Sheriff is satisfied of the matter referred to in subregulation (1) is an amount equal to –

(a) for an employee – the amount of the loss of salary, wages or income, for each day or part of a day the person attends for jury service; or

(b) for a self-employed person – the amount of the loss of income, or other monetary loss, for each day or part of a day the person attends for jury service.

(4)  The remuneration payable must not exceed the amount calculated in accordance with the following formula:

where –

R is the maximum remuneration payable for the financial year during which the person attends for jury service;

A is the last published average weekly earnings as at 1 January of the financial year immediately preceding the financial year during which the person attends for jury service;