Procedures

Leave to Attend Court - Procedures

Printer-friendly version
Body

1.  Purpose and Objectives

These procedures outline the circumstances under which a staff member can apply for leave to attend court.

2.  Definitions, Terms, Acronyms

No entries for this document.

3.  Procedures Scope/Coverage

These procedures apply to all University staff who need to attend court for any reason provided herein. These procedures do not apply to Jury Duty which is listed in a separate policy (PPL 5.60.14 Community Service Leave).

4.  Procedures Statement

Leave to attend court applies in cases where a staff member is subpoenaed or summoned and therefore obliged to appear in court as a witness. It also applies to staff appearing as defendant or plaintiff. Where a staff member is required to apply for Leave Without Pay or Recreation Leave as set out in sections 6-8, sufficient notice must be provided to ensure operational requirements in the organisational unit can be met.

5. Attending Court as a Witness on behalf of the University

Attending court as a witness on behalf of the University is classed as duty.

6. Attending Court as a Witness on behalf of the Crown in connection with University Duties

(a) Where a staff member has to attend court as a witness to give evidence in accordance with a subpoena or summons issued by the crown and where the evidence is directly related to events witnessed while performing their duties for the University, the staff member must apply for leave without pay where the crown has reimbursed the staff member's wages in full.

(b) Where the Crown has not made full reimbursement of wages, the staff member must provide the University with written evidence of the crown's contribution, or lack thereof. The University will make up the shortfall to the staff member's lost wages.

(c) In the case of shift workers, no loss of pay (including shift and weekend penalty allowances) will occur as a result of any adjustments to the shift roster made necessary by attendance at court in these circumstances.

7. Attending Court as a Witness in other Circumstances related to a Staff Member's Duties

A staff member who is required to attend court to give evidence pursuant to a subpoena or summons in proceedings before the court, where the evidence is  directly related to events witnessed while  performing their duties for the University, needs to apply for Leave Without Pay (PPL 5.60.06).

The party issuing the subpoena or summons is required to reimburse the witness' costs, including loss of wages.

8. Attending Court for Other Reasons

A staff member is required to apply for Leave Without Pay (PPL 5.60.06) or Recreation Leave (PPL 5.60.10b) for any other reasons than those outlined in sections 5-7, including appearing as a defendant or plaintiff.

Custodians
Director, Human Resources
Ms Jane Banney