A Sydney vintage clothing shop has been found guilty of threatening an employee who took recommended time off work while serving on a murder trial jury.
The landmark judgment was described as "novel" by Magistrate Scott Nash, as it was believed to be the first case brought over an employer threatening a juror.
The woman, who cannot be named for legal reasons, was called up for duty in a NSW Supreme Court murder case that ran from February to April 2023.
During the eight-week trial, she had been rostered to work three out of every four weekends at the shop in the city's inner-west, but was advised by the trial judge to take weekends off to process the violent case.
The employer was found guilty in Sydney's Downing Centre Local Court on Tuesday on two charges of threatening an employee called for jury duty with either an alteration or "injury" in their employment.
Mr Nash said the threats fundamentally undermined the Jury Act and the conduct was "inexcusable".
Despite the two letters from the judge stating the woman was to rest over the weekend, the store's boss still emailed her to say she had breached company policy by failing to fulfil her ordinary hours.
After returning to work, she was handed a letter informing her of an upcoming disciplinary hearing, where she faced either a warning or termination.
The woman decided to resign, telling the court she felt she was being unfairly punished.
During an earlier hearing, the store's lawyer argued the juror would have left court at 4pm on a Friday and been scheduled to work at 10am on Saturday - qualifying under law as adequate time for rest.
But the prosecution argued the woman had to take time off because she was mentally exhausted.
Punishment for threatening an employee called for jury duty can include a fine of up to $22,000 and a maximum of 12 months in prison.
Sentencing is due to take place on November 19.
