The Barbados Workers’ Union (BWU) on Tuesday expressed “deep shock and concern” that a worker was fired for sitting on a jury, as reported by a High Court judge.
And it has indicated that any worker penalised for performing this service will get the union’s support in seeking recourse.
“We urge anyone who has been reprimanded or penalised by their employer for attending jury duty to contact us immediately. We will offer support and guidance to ensure that your rights are protected and respected,” the BWU told Barbados TODAY in a written statement on Tuesday.
While addressing a new cohort of jurors in Supreme Court No. 3 on Monday, Justice Carlisle Greaves disclosed a recent situation where a former juror was dismissed from her job, declaring the move unacceptable.
Justice Greaves said: “I have to again remind employers in this country the law prevents them from harassing, dismissing, short-paying or denying jurors the time to attend or threatening them with dismissal or other disadvantages.
“The same businesses and business people who feel it is too much to let an employee come and serve on the jury in this country are the same ones that when their day comes to seek justice in these courts for some wrong done to them, would want jurors to assist in bringing them justice.
“So just because your firm, your company or you, Mr or Mrs Employer, have not been robbed today, or [been the victim of arson] or burgled or been assaulted, murdered or any such thing, does not entitle you to feel that you must not contribute to the peace of the country by lending us a few employees from time to time.”
The judge did not immediately indicate whether any judicial or legal action would be taken against the alleged offending employer.
Under the Juries Act of 1970, an employer who punishes an employee for jury duty or prevents them from serving may be convicted from the bench and fined $5 000 or imprisoned for six months. Company directors and managers who were either aware or “ought to have known” that the law was being breached are also liable for prosecution.
In its response to the judge’s comments, the BWU said it was deeply concerned by the revelation, saying: “It is a grave concern if such practices are indeed occurring, as jury duty is not only a legal obligation but a civic duty crucial to the functioning of our judicial system.
“We strongly remind employers that penalising employees for performing jury duty is not only unethical but also illegal. Such actions contravene the fundamental principles of justice and undermine the rule of law.”
The union pointed out that while employers were well within their right to request a deferral of service, a denial of that request should never be grounds for any punishment of the employee, and that any who has been reprimanded should immediately seek representation.
“The Barbados Workers’ Union stands firmly with all workers who are fulfilling their civic responsibilities,” the statement added.
“We also issue a stern warning to all employers: Desist from any practices that discourage or penalise employees for performing jury duty. Let us remember that today’s juror could be tomorrow’s justice seeker. We all have a role in upholding the values of our legal system and ensuring its effective functioning.”
