Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 6 - LEAVES AND JURY DUTY
ESA Section 55 – Jury duty
This section covers the duties of the employer when an employee is required to be a juror.
55. If an employee is required to attend court as a juror, the employer has the same duties under section 54 (2) to (4) in relation to the employee as if that employee were on leave under this Part.
Jury duty is a statutory requirement, not something that may or may not be granted at the discretion of the employer. It is an unpaid leave, unless the employer and employee agree otherwise.
Terms and conditions of employment protected
Section 54 provides that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under this Part. See also s. 56 for an explanation of the effects of leave under this Part on employment and benefit payments.
In the event of a contravention under this Part of the Act, the director may apply a remedy under s.79(2). The determination issued under s.79(2) will include an escalating monetary penalty, subject to s.98.
Employees covered by a collective agreement
Under the provisions of s.3, parties to a collective agreement are prohibited from giving up the specific employment protection provided in Part 6. Employers, employees and unions may not negotiate terms and conditions that do not meet the standards set out in this Part of the Act, or Part 6 will be deemed to be incorporated into the collective agreement.
Under s.3(7) of the Act, where there is a collective agreement, the enforcement of matters relating to Part 6 is through the grievance procedure, not through the enforcement provisions of the Act.
Related sections of the Act or Regulation
- s 1, Definition, “conditions of employment”
- s.3, Scope of the Act
- s. 54, Duties of employer
- s.79(2), Determinations and Consequences
- s.126(4)(b), Evidence and burden of proof