Superannuation & Annual leave PMT while on Jury Duty

Mentallysick on 18/06/2020 - 15:32
Last edited 18/06/2020 - 16:03

Hello fella mates,

I went for a Jury Duty for a week. Employer paid me the make up difference only as i got money from government as well. Happy with this.

Looking at my payslip now, I have now found out that he did not pay super for the hours i went for Jury Duty. He did not withheld any tax for the pmt i received from government which means i have to pay tax at end of the year + he did not pay/accrue annual leave loading on the hours i spent in Jury Duty.

I would like to know if he is liable to be accrue me annual leave + withhold tax + pay super on the amount received from government.

some of you might direct me to accountant but i know few genius here are better than those accountants.

Hats of too those ozb.

Thank you

Education & Work

Comments

  • GG57 on 18/06/2020 - 15:35
    +6

    Your employer will only attend to super, tax, etc., in regard to payments that they make to you.

    • Mentallysick on 18/06/2020 - 16:04
      -5

      very vague answer

      • GG57 on 18/06/2020 - 16:06
        +3

        Really?
        Did your employer pay you the 'government money'?

        • Mentallysick on 19/06/2020 - 07:30

          No. 2.43 hrs. is acccrued every week but last week accrued annual leave is only 2.1 hrs. so i missed out on 0.33 hrs of annual leave.

          • GG57 on 19/06/2020 - 09:13

            @Mentallysick: It sounds like your employer provided you with unpaid leave. My understanding is that unpaid leave does not qualify for annual leave accruals, but happy to be corrected.

  • dizzle on 18/06/2020 - 16:04
    +4

    I imagine it's similar to the jobkeeper allowance - if you work for $500 a week and jobkeeper tops it up to $750, your employer only has to pay the super on the $500.

  • PissLUR on 18/06/2020 - 16:42

    Does employer need to top up the wages?

    • dizzle on 18/06/2020 - 17:00

      Many employers actually pay for Jury duty days similar to leave (but not actually coming out of accrued leave).

      I've found a lot of people try to take advantage of this though. I've had staff that had to turn up to the court at 8am, then find out 20 minutes later they were not needed for the day. If that happens and it's near the place of work, I would expect them at work for the rest of the day.

      The one that annoyed me the most, was that he did that for several weeks and was unable to be contacted. Came back to work having never actually had to attend more than 30 minutes a day expecting full pay.

  • jimbobaus on 18/06/2020 - 17:02

    Courts pay a fee for each day
    Employer pays the balance up to you normal pay

    Time spent on Jury Duty is not annual leave, they just pay you as if you were working

    HOWEVER

    Every state has different rules regarding Super and as you do not have your location listed below is rules in VIC
    (Some states do not require penalties or super to be paid, so check your local courts rules)

    The employer is not obligated to deduct tax from what you are paid by the courts, only the portion that they are paying (the top up amount)

    Leave
    Jury service must not be deducted from your employee's annual leave, sick leave, or any other form of leave entitlements.

    Pay
    You are legally obligated to pay your employee the difference between their juror payments ($40 per day for the first 6 days, $80 per day thereafter) and what they would reasonably have expected to have earned had they attended work instead of jury service. This includes any penalties, allowances, or loadings they would normally receive.
    This obligation exists for the entire duration of their jury service, regardless of its length, and applies no matter the size of your business.

    • [Deactivated] on 18/06/2020 - 17:50

      Surely this is something that could cripple a small business that only has 1 or 2 employees? Doesn't sound very fair.

      • GG57 on 19/06/2020 - 09:10

        In this scenario, the employee can appeal against attending for jury duty on the basis of the business need, with the support of the business. That usually works with 1-2 employees if the impacts are stated.

        • dizzle on 19/06/2020 - 10:01
          +1

          From my experience it takes more than that.

          I had a store assistant manager currently working on their own while they recruited for a store manager (one had been hired but was two weeks from starting) and the 3IC was on Annual leave (approved before the store manager quit) . He was the only one able to open/close the store while there were vacancies, with a couple of 18 year old casuals working.

          He was still forced to go on jury duty

          • GG57 on 19/06/2020 - 10:50

            @dizzle: Fair enough; always good to hear first-hand accounts.
            How did you get through whilst they attended court?

            • dizzle on 19/06/2020 - 14:29
              +1

              @GG57: We lost a lot of sales because two 18 year olds had to run the store.

    • Mentallysick on 19/06/2020 - 07:29

      I am in sydney.
      I am referring to the accrued annual leave here. i get 2.43 hrs. acccrued every week but last week accrued annual leave is only 2.1 hrs. so i missed out on 0.33 hrs of annual leave.

      • GG57 on 19/06/2020 - 10:52

        You posted the same comment twice, so here is my (same) reply:
        It sounds like your employer provided you with unpaid leave. My understanding is that unpaid leave does not qualify for annual leave accruals, but happy to be corrected.

  • randomusername2017 on 20/06/2020 - 17:30

    20 minutes of lost annual leave
    minus
    Time spent on this post
    equals
    …..

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