Called to Court

  • October 11, 2017
  • FAQ

Q. I have been called to appear in court as a witness/jury duty? Can I be away from work and will I still get paid?

A. The Collective Agreement states that if teachers are summoned for jury duty or subpoenaed to be a witness in court proceedings, leave will be granted without deduction, however you must remit to the Division any earnings you may receive while serving as a witness or a juror. To be granted the leave, you must submit the details of the requirement to the Division as early as possible.

If you are required to attend court proceedings related to your own personal private affairs, you will be granted a leave of absence without pay.

Excerpt from Collective Agreement:

21.07 Court Appearances All employees covered by the Collective Agreement will be granted leave without deduction of salary for court appearances if the employee is subpoenaed to be a witness in a court action or is summoned for jury duty, provided however, the employee shall remit to the Division any remuneration which the employee may receive because of an appearance in court as a witness or as a juror. To be eligible for leave with pay an employee is required to submit details of the requirement for jury or witness duty at the earliest possible date. Any time during regular school hours that an employee is not required to be at court the employee shall be available for duties at the school. The Division shall act reasonably and fairly in regard to all circumstances. An employee required to attend a court proceeding as a party to that proceeding in relation to the employee’s personal private affairs shall receive a leave of absence without pay for the required absence.