26 February 2008
Employment Forum Seeks Views on Proposal to Amend Unfair Dismissal Awards
Today the Employment Forum has invited views from the public on a draft amendment to the Employment (Jersey) Law 2003.
The amendment would give the Jersey Employment Tribunal two new options to consider when it makes an award to an employee who has been found to have been unfairly dismissed from their employment.
The first amendment would give the Employment Tribunal the power to reduce an unfair dismissal award. This would apply in specified circumstances, such as where an employee is found to have contributed to their own dismissal by way of their conduct.
The second would give the Tribunal the discretion to consider whether it would be appropriate for an unfairly dismissed employee to be re-employed by their employer and the power to award additional compensation if the employer does not comply.
The Proposition was planned for States debate in January; however the Social Security Minister decided to withdraw the amendment in order that the Employment Forum could consult further.
The Forum is an independent consultative body which must make recommendations to the Social Security Minister based on the views received during consultation with the public.
Wendy Lambert, Chair of the Forum, said “The Forum will be pleased to receive comments on both the principles and the details of the proposed amendment and I would encourage anyone who has an interest in the award making powers of the Employment Tribunal to contribute their views.”
The consultation will be distributed today to all of those who are on the Forum’s consultation database. Responses are requested by Wednesday 9 April 2008.To receive a copy of this consultation or to be included on the Forum’s database for future consultations, please contact the Secretary to the Forum, Kate Morel, at K.Morel@gov.je, or telephone 447204.
Link to consultation letter (opens in new window)
Link to States Proposition
gov.je