24 October 2006
The Minister for Social Security, Senator Paul Routier, has provided a further response to Deputy Southern’s Proposition calling for a review of the employment legislation.
The Deputy’s proposition is backed by an Opinion which cites a wide range of material, all of which had to be investigated to give proper consideration to the Opinion. A thorough review has now been conducted and a detailed response to the points made in that Opinion has been prepared.
On the basis of that response, the Minister is reassured that there is nothing of consequence in relation to International Labour Organisation Conventions, or employees’ rights to recognition and representation, to justify a further review of the employment legislation.
Particularly of note, the Hendy/Fredman Opinion refers to the lack of unfair dismissal protection for workers who take industrial action, however the States has already approved the draft Employment Relations Law which provides an amendment to the Employment Law giving automatic protection against unfair dismissal for employees taking part in industrial action. In fact, the proposed protection is less restrictive than the UK equivalent, as there is no time limit on the protection.
Senator Routier commented, "Over the past five years, a great deal of research has been undertaken on employment relations systems, particularly in small jurisdictions.
Other countries set legal frameworks that are geared to the needs of their own industrial relations traditions and practices. I believe that we have prepared a law that is suitable for Jersey, reflecting our own unique experiences and needs.
It is important to remember that the Law must reconcile the freedoms of individuals and employers, with the freedoms of unions. I believe that the draft Employment Relations Law and the Codes of practice achieve the right balance."
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