Lodging of Employment Tribunal Amendment and Employment Law Amendment No. 3.

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (20/10/2006) regarding Lodging the Employment Tribunal (Amendment) (Jersey) Regulations 200- and the Employment (Amendment No. 3) (Jersey) Law 200-.

Subject:	Lodging the Employment Tribunal (Amendment) (Jersey) Regulations 200- and the Employment (Amendment No. 3) (Jersey) Law 200-
Decision Reference:	MD-S-2006-0063	Exempt clause(s):		public
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\Ministerial decisions\SD Lodge Tribunal Amendment 16Oct06
Written report – Title	Lodging the Employment Tribunal (Amendment) (Jersey) Regulations 200- and the Employment (Amendment No. 3) (Jersey) Law 200-
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): 1. Approval for lodging of a draft amendment to the Employment Tribunal (Jersey) Regulations 2005, it’s accompanying report and resource and manpower statement. 2. Approval for lodging of a draft amendment and the Employment (Jersey) Law 2003, it’s accompanying report and resource and manpower statement. The Minister has also signed the necessary Human Rights Compliance Statement.
Reason(s) for decision: 1. The Minister approved a request from the Chairman of the Employment Tribunal to increase the rates of remuneration of the Chairman and Deputy Chair, in line with the daily sitting rate of Commissioners of the Royal Court, and also to amend the manner in which the Deputy Chair’s remuneration is paid proportionately to the Chairman’s rate. Two supplementary amendments are also required regarding the Appointments Commission’s role in the appointment of Tribunal members, and the limit on the number of Side Members that may be appointed to the Tribunal. 2. The Minister recognises that it would be inappropriate to refer in the Employment Tribunal Regulations to Orders which set the Commissioner’s rate. An amendment to the Employment Law is therefore proposed to enable the Minister to set the remuneration by Order in future, so that increases in line with the Commissioners rate may be made more swiftly.
Action required: Forward the documents to the Greffe, including a statement of Human Rights compliance, to be lodged for States debate at the earliest opportunity.
Signature: Senator P.F. Routier - Minister			Date of Decision: 20 October 2006