Government of Jersey

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A decision made (23/11/2007) regarding: Jersey Employment Tribunal - Appointment of Four Side Members.

Decision Reference: MD-S-2007-0078
Decision Summary Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Tribunal Appointments 19Nov07		Date of Decision Summary:	19/11/2007
Decision Summary Author:	Kate Morel, Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	L:\General Information\Workgroups\Policy\Employment\ \Ministerial decisions\ WR Tribunal Appointments 19Nov07		Date of Written Report:	19/11/2007
Written Report Author:	Kate Morel, Policy Principal		Written Report : Public or Exempt?	Public
Subject: Jersey Employment Tribunal – Appointment of Four Side Members
Decision(s): The Minister approved the recommendation of four new side members to sit on the Jersey Employment Tribunal and decided to propose States approval of their appointment.
Reason(s) for Decision: The Employment Tribunal (Jersey) Regulations 2005 were amended by the Employment Tribunal (Amendment) (Jersey) Regulations 2007 in February 2007, increasing the number of Side Members who may be appointed to the Employment Tribunal by four; two with knowledge or experience of or interest in trade unions or matters relating to employees generally; and two with knowledge or experience of or interest in employers’ associations or matters relating to employers generally. An open recruitment process was undertaken in consultation with the Appointments Commission and four suitable candidates were selected and recommended to the Social Security Minister. The Minister accepted the recommendations and agreed to propose the appointments to the States.
Resource Implications: There are no financial or manpower implications.
Action required: Proposition to be lodged by the Greffe for States approval at the earliest opportunity.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Jersey Employment Tribunal - Appointment of Four Side Members.

Draft Proposition

Appointment of Employment Tribunal Side Members

The States are asked to decide whether they are of opinion –

to approve the appointment of the following four additional members to serve on the Jersey Employment Tribunal established under the Employment Tribunal (Jersey) Regulations 2005, for the purpose of enforcing the Employment (Jersey) Law 2003 and the Employment Relations (Jersey) Law 2007.

Mrs Anne McPhee

Mr Mark Therin

Mr Michael Baudains

Mr Michael McCarthy

Report

The Employment Tribunal (Jersey) Regulations 2005 provide for the composition of the Jersey Employment Tribunal and the terms of appointment of its members.

The Regulations were amended by the Employment Tribunal (Amendment) (Jersey) Regulations 2007 earlier this year to increase the number of side members by four, enabling the appointment of two additional “employee” representatives and two additional “employer” representatives. The States is asked to approve the appointment of the proposed four additional side members.

Following a period of open recruitment and structured interviews, including consultation with a representative of the Jersey Appointments Commission, the Social Security Minister and the Appointment’s Commission are satisfied that the four proposed members have either knowledge or experience of or interest in ‘trade unions or matters relating to employees generally’, or in ‘employers’ associations or matters relating to employers generally.’ and will provide a valuable addition to the pool of side members from which two may be selected to form a three person panel, with the Chairman or Deputy Chairman.

Terms of appointment

The Regulations provide that members of the Tribunal will be allowed to hold office for two terms, each not exceeding five years. The terms also allow a member to resign at any time and provide for the other circumstances in which he or she will cease to hold office, such as bankruptcy or misconduct.

It is proposed that each of the following new members is offered an initial term of five years, to begin from the date of States approval.

Further details of the proposed new members are provided below:

Mrs Anne McPhee has been employed by the States of Jersey for 18 years
and has held the role of System Support and Liaison Officer at
Springfield Stadium since 2001. Mrs McPhee was a Convener and Employee
Representative for the Transport and General Workers' Union (now Unite)
for twelve years, including acting as the regional delegate for the
South West region, and as an employee representative member of dispute
panels for the Manual Workers Joint Council.

For twelve years until 1997, Mr Mark Therin was the Managing Director of a large construction company and a member of the Jersey Building and Allied Trades Employers Federation General Council, holding the post of Council Vice President for a time. During that time Mr Therin developed experience in employment relations matters and a strong awareness of the motivations of both employees and employers. Mr Therin has been a volunteer generalist Adviser at the Citizen's Advice Bureau since 2003.

Mr Michael Baudains is a Chartered Engineer who has been employed by the States of Jersey for 30 years, 25 of which have been in an engineering capacity for the Transport and Technical Services Department (formerly Harbours). As an employee and a manager of unskilled, semi skilled, technical and administration staff, Mr Baudains has vast experience of and interest in employee matters generally and is well accustomed to approaching a wide variety of employment and team matters systematically, with objectivity and logic.

Mr Michael McCarthy has been employed by the Royal Bank of Scotland
International since 2001, holding the role of Human Resources
Director, in Jersey, since January 2006. Mr McCarthy's career in Human
Resources spans a range of industries over the past fifteen years and
he is a fellow of the Chartered Institute of Personnel and
Development. Mr McCarthy has also acted as an Employment Tribunal Lay
Member in his native Scotland for the past two years.