Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An employer shall not dismiss or injure an employee, or alter an employee's position to the prejudice of the employee, because the employee is summoned to serve as a juror.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) If all the elements of the offence other than the reason for the employer's action are proved, the onus of proving that the dismissal, injury or alteration was not because the employee was summoned to serve as a juror is on the employer.
(3) If an employer is convicted under subsection (1), the Supreme Court may make either or both of the following orders:
(a) an order that the employer pay to the employee a specified sum by way of reimbursement for the salary or wages lost by the employee;
(b) an order that the employee be reinstated in his or her former position or in a similar position.
(4) An order under subsection (3) (a) is enforceable as if it were a judgment given by the Magistrates Court in a personal action at law that it has jurisdiction to hear and decide under the Magistrates Court Act 1930
, chapter 4 (Civil proceedings).
(5) An employer shall comply with an order under subsection (3) (b).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(6) Where an employer fails to comply with an order under subsection (3) (b), the amount of salary or wages that would, apart from the failure, have been payable to an employee in relation to the period of the failure is recoverable as a debt due to the employee by the employer.