Employees called as witnesses

Introduction

1. If an employee is called as a witness in court proceedings, depending on the circumstances requiring the attendance, the University will either consider the absence as normal duty or require the employee to take leave for the period of the absence.

2. Casual employees are not eligible for these provisions.

Entitlement

3. If an employee is subpoenaed, summonsed or called as a witness on behalf of the University, or is a witness in proceedings relating to a University industrial matter, they will be regarded as being on duty and will not lose salary or leave entitlements. In such cases, the employee will not receive any witness fees for the period they are required as a witness.

4. Where employees who are subpoenaed, summonsed or called as a witness on behalf of a party other than the University, or in an industrial matter unrelated to the University, the period of absence will be treated as leave without pay or, if the employee elects, as annual leave, and any witness fees or expenses conceded by the Court may be retained by the employee.

Procedures

5. If the employee is called as a witness on behalf of the University, or in proceedings relating to a University industrial matter, the employee is required to notify their supervisor of the dates on which they will be absent from duty as soon as they are aware that they must attend court. A copy of the notification should be provided to the supervisor. Upon return to duty, the employee should provide their supervisor with documentation from the court which confirms the dates of their attendance. The employee is regarded as being on duty and is entitled to receive full pay for the period of absence. No leave applications are required.

6. Employees who are required as a witness on behalf of a party other than the University, or in an industrial matter unrelated to the University must apply for either:

  • Leave without pay (LWOP) by completing a Leave application [MyHR cannot be used to apply for LWOP]; or
  • Annual leave by completing a leave application in MyHR for the period of absence.