Canadian Tire under fire for not paying employee for jury duty – 640 Toronto

Canadian Tire has received a scolding letter from a Toronto judge after the company refused to pay an employee if they were selected for jury duty.

The Toronto Star reports that during jury selection for a murder trial in Toronto’s Ontario Superior Court, numerous potential jurors claim that their employers will not compensate them for the time away from work.

Superior Court Justice Robert Goldstein has sent letters to the various employers, including Canadian Tire. Goldstein found it “completely unacceptable” that the large department store refuses to pay employees who perform their civic duty.

LEARN MORE:
• Severance packages for Canadian Tire staff

In a letter to the employee, the company said that “he will not be paid for jury duty as it is not a company benefit.”

Cynthia Hill, a representative for Canadian Tire, sent a response to Justice Goldstein’s letter the following day. She says that the employee will, in fact, be given wages if he is selected for jury duty.

Senior Associate Stan Fainzilberg, employment lawyer at Samfiru Tumarkin LLP, shares his professional take on the matter with Global News Radio.

Are employers required to pay an employee while they take time off to serve on a jury?

There is no legal requirement in Canada for an employer to pay an employee while they perform jury duty. Employers are required by law to give employees time off to take part in jury duty selection and, if necessary, serve on a jury.

Do most companies provide pay to employees serving on a jury?

Some larger companies may choose to observe policies that provide compensation to employees who take a leave of absence from work for jury duty. These companies are not legally obligated to enact such a policy.

A vast number of companies, including small businesses, do not have a policy covering absences related to jury duty. Their much smaller profit margins may not allow them to observe such a policy.

If my employer will not pay me during jury duty service, can I ask to be eliminated from the selection process?

If you cannot afford to take the time off work, you may raise your concerns with the court. However, the court will not consider that factor when determining which individuals should serve on the jury.

While some may consider jury duty to be an inconvenience, it is a civic duty. Canadians, when called upon, are required to fulfill this role in order to ensure that the courts function properly.

Will the government compensate me for time spent on a jury?

The government will provide payment to jurors.

Jurors in Ontario will receive:

• Day 1 to 10: no compensation.
• Day 11 to 49: $40 per day.
• Day 50 to last day of trial: $100 per day.

Jurors in British Columbia will receive:

• Day 1 to 10: $20 per day.
• Day 11 to 49: $60 per day.
• Day 50 to the end of the trial: $100 per day.

Do I need to serve jury duty if I am on Employment Insurance (EI) Benefits?

You can attend jury duty will receiving EI benefits. You will continue to receive EI benefits while you serve on the jury.