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S.M. 1996, c. 31
THE JURY AMENDMENT ACT
(Assented to November 19, 1996)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Jury Act is amended by this Act.
2 Section 1 is amended by adding the following definitions in alphabetical order:
"employee" means a person engaged by another to perform skilled or unskilled manual, clerical, domestic or technical work or service, or professional work or service; (« employé »)
"employer" means a person, firm, corporation, principal, agent, representative, contractor or sub-contractor having control and direction of, or responsible directly or indirectly for the engagement or employment of, or payment of wages to an employee;(« employeur »)
"employment" means service, work or duties undertaken under a written or oral agreement between an employer and an employee whereby the employee agrees to render any services or perform manual, clerical or technical work or duties, whether the work is, or the services or duties are, skilled or unskilled; (« emploi »)
3(1) Subsection 24.1(3) is amended by striking out "response to a summons or service as a juror" and substituting "being summoned for jury service or being required to serve on a jury".
3(2) The following is added after subsection 24.1(3):
24.1(4) In addition to the penalty set out in subsection (3), at the time sentence is imposed the aggrieved employee may apply for and the presiding judge may grant an order that the employer pay to the employee an amount not exceeding $5,000. by way of compensation for any actual loss of wages that was sustained by the employee as a result of the commission of the offence.
24.1(5) In calculating the loss under subsection (4), no amount shall be included in respect of the period, if any, during which the employee was serving on the jury.
24.1(6) An employee in whose favour an order under subsection (4) is made may file the order in the Court of Queen's Bench, and on filing the order is deemed to be a judgment of the court in favour of the employee for the purpose of enforcement.
24.1(7) The granting of an order under subsection (4) does not bar any action that the employee may have under subsection (2).
4 Section 44 is repealed.
5 This Act comes into force on the day it receives royal assent.