Witness and Jury Service Witness Service. 6.9.1 An Employee subpoenaed or called as a witness to give evidence in any proceeding shall: a) notify the Employer as soon as practicable; and b) provide to the Employer on request evidence that would satisfy a reasonable person of any entitlement claimed in relation to giving that evidence under this provision. 6.9.2 Where an Employee is subpoenaed or called as a witness to give evidence in an official capacity, that Employee shall be granted by the Employer leave of absence with pay, but only for such period as is required to enable the Employee to carry out duties related to being a witness. If the Employee is on any form of paid leave, the leave involved in being a witness will be reinstated. If the Employee is on a rostered day off and has complied with paragraph 6.9.1, the Employer shall on request roster an alternative rostered day off. The Employee is not entitled to accept any witness fee. 6.9.3 An Employee subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees or traveling expenses, as soon as practicable after the default notify the Employer. 6.9.4 An Employee subpoenaed or called as a witness on behalf of the Crown not in an official capacity shall be granted leave with full pay entitlements. If the Employee is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the Employee's civic duty. The Employee is not entitled to accept any witness fee. 6.9.5 An Employee subpoenaed or called as a witness under any other circumstances other than specified in subclasses 6.9.2 and 6.9.4 shall be granted leave of absence without pay except when the Employee makes an application to clear accrued leave in accordance with the provisions of this Agreement.
Appears in 2 contracts
Samples: Industrial Agreement, Industrial Agreement
Witness and Jury Service Witness Service. 6.9.1 6.13.1 An Employee subpoenaed or called as a witness to give evidence in any proceeding shall:
a) notify the Employer as soon as practicable; and
b) provide Provide to the Employer on request evidence that would satisfy a reasonable person of any entitlement claimed in relation to giving that evidence under this provision.
6.9.2 6.13.2 Where an Employee is subpoenaed or called as a witness to give evidence in an official capacity, that Employee shall be granted by the Employer leave of absence with pay, but only for such period as is required to enable the Employee to carry out duties related to being a witness. If the Employee is on any form of paid leave, the leave involved in being a witness will be reinstated. If the Employee is on a rostered day off and has complied with paragraph 6.9.1subclause 6.13.1, the Employer shall on request roster an alternative rostered day off. The Employee is not entitled to accept any witness fee.
6.9.3 6.13.3 An Employee subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees fee or traveling expenses, travelling expenses as soon as practicable after the default default, notify the Employer.
6.9.4 6.13.4 An Employee subpoenaed or called called, as a witness on behalf of the Crown and/or the State, not in an official capacity shall be granted leave with full pay entitlements. If the Employee is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the Employee's civic duty. The Employee is not entitled to accept any witness feefees.
6.9.5 6.13.5 An Employee subpoenaed or called as a witness under any other circumstances circumstances, other than specified in subclasses 6.9.2 subclauses 6.13.2 and 6.9.4 6.13.4 of this provision, shall be granted leave of absence without pay except when the Employee makes an application to clear accrued leave in accordance with the provisions of this Agreement.
6.13.6 An Employee required to serve on a jury shall as soon as practicable after being summoned to serve, notify the supervisor/manager who shall notify the Employer.
6.13.7 An Employee required to serve on a jury shall be granted paid leave of absence by the Employer, but only for such period as is required to enable the Employee to carry out duties as a juror.
6.13.8 The parties acknowledge that as at the date of registration of this Agreement the Employer is required under the Juries Act 1975 to pay an Employee the earnings that the Employee could reasonably expect to have been paid while doing jury service. Where an Employee would otherwise have been allocated to relief work while doing jury service, payment of the base rate plus a 20% loading will reflect the Employee’s reasonable expectation of payment during that period.
6.13.9 An Employee granted leave of absence as prescribed in subclause 6.13.6 of this provision is not entitled to retain any juror's fees.
Appears in 1 contract
Samples: Industrial Agreement
Witness and Jury Service Witness Service. 6.9.1 An Employee subpoenaed or called as a witness to give evidence in any proceeding shall:
(a) notify the Employer as soon as practicable; and
(b) provide to the Employer on request evidence that would satisfy a reasonable person of any entitlement claimed in relation to giving that evidence under this provision.
6.9.2 Where an Employee is subpoenaed or called as a witness to give evidence in an official capacity, that Employee shall be granted by the Employer leave of absence with pay, but only for such period as is required to enable the Employee to carry out duties related to being a witness. If the Employee is on any form of paid leave, the leave involved in being a witness will be reinstated. If the Employee is on a rostered day off and has complied with paragraph 6.9.1, the Employer shall on request roster an alternative rostered day off. The Employee is not entitled to accept any witness fee.
6.9.3 An Employee subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees or traveling expenses, as soon as practicable after the default notify the Employer.
6.9.4 An Employee subpoenaed or called as a witness on behalf of the Crown not in an official capacity shall be granted leave with full pay entitlements. If the Employee is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the Employee's civic duty. The Employee is not entitled to accept any witness fee.
6.9.5 An Employee subpoenaed or called as a witness under any other circumstances other than specified in subclasses 6.9.2 and 6.9.4 shall be granted leave of absence without pay except when the Employee makes an application to clear accrued leave in accordance with the provisions of this Agreement.
Appears in 1 contract
Samples: Public Transport Authority/ Artbiu (Transit Officers) Industrial Agreement 2023
Witness and Jury Service Witness Service. 6.9.1 6.13.1 An Employee subpoenaed or called as a witness to give evidence in any proceeding shall:
a) notify the Employer as soon as practicable; and
b) provide to the Employer on request evidence that would satisfy a reasonable person of any entitlement claimed in relation to giving that evidence under this provision.
6.9.2 6.13.2 Where an Employee is subpoenaed or called as a witness to give evidence in an official capacity, that Employee shall be granted by the Employer leave of absence with pay, but only for such period as is required to enable the Employee to carry out duties related to being a witness. If the Employee is on any form of paid leave, the leave involved in being a witness will be reinstated. If the Employee is on a rostered day off and has complied with paragraph 6.9.1subclause 6.13.1, the Employer shall on request roster an alternative rostered day off. The Employee is not entitled to accept any witness fee.
6.9.3 6.13.3 An Employee subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees fee or traveling expenses, travelling expenses as soon as practicable after the default default, notify the Employer.
6.9.4 6.13.4 An Employee subpoenaed or called called, as a witness on behalf of the Crown and/or the State, not in an official capacity shall be granted leave with full pay entitlements. If the Employee is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the Employee's civic duty. The Employee is not entitled to accept any witness feefees.
6.9.5 6.13.5 An Employee subpoenaed or called as a witness under any other circumstances circumstances, other than specified in subclasses 6.9.2 subclauses 6.13.2 and 6.9.4 6.13.4 of this provision, shall be granted leave of absence without pay except when the Employee makes an application to clear accrued leave in accordance with the provisions of this Agreement.
6.13.6 An Employee required to serve on a jury shall as soon as practicable after being summoned to serve, notify the supervisor/manager who shall notify the Employer.
6.13.7 An Employee required to serve on a jury shall be granted paid leave of absence by the Employer, but only for such period as is required to enable the Employee to carry out duties as a juror.
6.13.8 The parties acknowledge that as at the date of registration of this Agreement the Employer is required under the Juries Act 1975 to pay an Employee the earnings that the Employee could reasonably expect to have been paid while doing jury service. Where an Employee would otherwise have been allocated to relief work while doing jury service, payment of the base rate plus a 20% loading will reflect the Employee’s reasonable expectation of payment during that period.
6.13.9 An Employee granted leave of absence as prescribed in subclause 6.13.7 of this provision is not entitled to retain any juror's fees.
Appears in 1 contract
Samples: Industrial Agreement
Witness and Jury Service Witness Service. 6.9.1 44.1 An Employee subpoenaed or called as a witness to give evidence in any proceeding shall:
a) notify the Employer shall as soon as practicable; and
b) provide to , notify the Employer on request evidence that would satisfy a reasonable person of any entitlement claimed in relation to giving that evidence under this provisionmanager/supervisor who must notify the Employer.
6.9.2 44.2 Where an Employee is subpoenaed or called as a witness to give evidence in an official capacity, capacity that Employee shall be granted by the Employer leave of absence with pay, but only for such period as is required to enable the Employee to carry out duties related to being a witness. If the Employee is on any form of paid leave, the leave involved in being a witness will be reinstated. If , subject to the Employee is on a rostered day off and has complied with paragraph 6.9.1, satisfaction of the Employer shall on request roster an alternative rostered day offEmployer. The Employee is not entitled to accept any witness fee.
6.9.3 44.3 An Employee subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees or traveling expenses, travelling expenses as soon as practicable after the default default, notify the Employer.
6.9.4 44.4 An Employee subpoenaed or called as a witness on behalf of the Crown Crown, not in an official capacity shall be granted leave with full pay entitlements. If the Employee is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the Employee's civic duty. The Employee is not entitled to accept any witness feefees.
6.9.5 44.5 An Employee subpoenaed or called as a witness under any other circumstances other than specified in subclasses 6.9.2 clauses 44.2 and 6.9.4 44.4 shall be granted leave of absence without pay except when the Employee makes an application to clear accrued leave in accordance with agreement provisions.
44.6 An Employee required to serve on a jury shall as soon as practicable after being summoned to serve, notify the provisions supervisor/manager who must notify the Employer.
44.7 An Employee required to serve on a jury shall be granted by the Employer leave of this Agreementabsence on full pay, but only for such period as is required to enable the Employee to carry out duties as a juror.
44.8 An Employee granted leave of absence on full pay as prescribed in clause 44.7 is not entitled to accept any juror's fees.
Appears in 1 contract
Samples: General Agreement