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Employment Tribunal Member - extension of appointment

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (13.07.07) to approve the extension of the appointment of Mr. Alan Hall as a Side Member of the Jersey Employment tribunal.

 

 

Subject:

Employment Tribunal Member – Extension of Appointment

Decision Reference:

MD-S-2007-0045

Exempt clause(s):

n/a

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

n/a

Telephone or

e-mail Meeting?

n/a

Report

File ref:

L:\General Information\Workgroups\Policy\Employment\Tribunal\Hall States Report renewal 4Jul07

Written report – Title

Employment Tribunal Member – Extension of Appointment

Written report – Author

(name and job title)

Kate Morel, Policy Principal

Decision(s):

The Minister decided to present a written Report notifying the States of a five year extension to Mr Alan Hall’s term as a Side Member of the Jersey Employment Tribunal.

Reason(s) for decision:

Mr Hall’s term as a Side Member of the Employment Tribunal ended on 30 June 2007. The Employment Tribunal (Jersey) Regulations, 2005 provide that members are entitled to request an extension of their appointment for one additional term of their choice, up to a maximum of five years. Mr Hall has requested a five year extension.

It is not necessary to request States approval of the extension, however the Minister wishes to present a Report notifying the States as a matter of good order.

Action required:

Present the Report to the States at the earliest opportunity.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

Employment Tribunal Member - extension of appointment

REPORT TO BE PRESENTED BY

THE MINISTER FOR SOCIAL SECURITY

ON (date)

The Jersey Employment Tribunal currently consists of 14 members; a Chairman, a Deputy Chairman, six ‘employee’ Side Members and six ‘employer’ Side Members.

In 2005, the Tribunal appointments were approved by the States and offered on a staggered basis, varying between 1 and 5 years, to ensure that the terms of all those appointed did not expire on the same day, to provide continuity in the composition of the Tribunal.

The Employment Tribunal (Jersey) Regulations 2005, provide that Tribunal members are appointed by the States initially, but if a member chooses to take a second (and final) term of his choice, up to the maximum of five years, he is entitled as of right to do so. This is in order to secure the tenure of persons appointed to offices in which their independence should be protected.

Mr Alan Hall has recently retired from his position as an Internal Auditor for the Jersey Electricity Company and has previously acted as Chairman and Secretary of the trade union Prospect. His first term on the Tribunal ended on 30th June 2007 and he has chosen an additional term of 5 years.

I am grateful to Mr Hall for requesting a second term on the tribunal and I would like to thank all of the Employment Tribunal members, the Chairman, the Deputy Chairman and the Secretary for their continued hard work and commitment.

 

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