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Jersey Employment Tribunal: Re-appointment of Side Member

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A decision made 21 May 2013:

Decision Reference: MD-S-2013-0047

Decision Summary Title :

DS JET extension Curtis

Date of Decision Summary:

21 May 2013

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR JET extension Curtis

Date of Written Report:

21 May 2013

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Jersey Employment Tribunal - Re-appointment of Side Member

Decision(s): The Minister decided to present a written Report notifying the States that a Side Member of the Jersey Employment Tribunal has been re-appointed.

Reason(s) for decision: Regulation 4(2) of the Employment Tribunal (Jersey) Regulations, 2005, as amended by the Employment Tribunal (Amendment No. 2) (Jersey) Regulations 2011, provides that the Minister may, upon the written request of a member and after consultation with the Jersey Appointments Commission, re-appoint a member to the same office for a second term not exceeding 5 years. The Jersey Appointments Commission’s ‘Code of Practice for Appointments to Autonomous and Quasi-autonomous Public Bodies and Tribunals’ states that “it is recommended that the term of office of a member should not exceed 10 years”.

 

Mrs Curtis requested an extension to her term of office which was due to expire on 30 June 2013. Having consulted the Jersey Appointments Commission, the Minister decided to extend Mrs Curtis’ term of office to the maximum of 10 years. Her term of office will end on 30 June 2015.

 

It is not necessary to request that the States approves the re-appointment; however the Minister wishes to present a Report notifying the States as a matter of good order.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to ask the Greffier of the States to arrange for the Report to be presented to the States.

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Jersey Employment Tribunal: Re-appointment of Side Member

REPORT TO BE PRESENTED BY THE MINISTER FOR SOCIAL SECURITY

 

Jersey Employment Tribunal – Re-appointment of Side Member

 

Background

 

The Jersey Employment Tribunal (the ‘Tribunal’) was established when the Employment (Jersey) Law 2003 (the ‘Employment Law’) came into force on 1 July 2005. The Tribunal is an independent judicial body set up to hear and resolve certain complaints and matters of dispute arising under the Employment Law and the Employment Relations (Jersey) Law 2007. These include, for example, complaints relating to wages, holiday pay, notice on termination of employment and redundancy pay.

 

The Tribunal consists of a legally qualified Chairman and Deputy Chairman and two pools of side members; up to eight ‘employee’ side members and up to eight ‘employer’ side members. ‘Employee’ side members are persons with knowledge or experience of, or an interest in, trade unions or matters relating to employees generally. ‘Employer’ side members are persons with knowledge or experience of, or an interest in, employers’ associations or matters relating to employers generally.

 

The Employment Tribunal (Jersey) Regulations (as amended by the Employment Tribunal (Amendment No. 2) (Jersey) Regulations 2011), provide that members may be appointed to the Tribunal by the States of Jersey, upon the recommendation of the Minister for Social Security (the ‘Minister’), for a term of up to five years. If a member requests that their term is extended, the Minister may, after consultation with the Jersey Appointments Commission, extend a member’s term of office by re-appointing the member to the same office for a second term not exceeding 5 years.

 

The Jersey Appointments Commission’s ‘Code of Practice for Appointments to

Autonomous and Quasi-Autonomous Public Bodies and Tribunals’ states that “it is

recommended that the term of office of a member should not exceed 10 years”.

 

Re-appointment

 

Mrs Curtis requested an extension to her term of office which was due to expire on 30 June 2013.

 

Mrs Mary Curtis is the Director of Calmera Business Consultancy and the Non-Executive Director of Jersey Water. Mrs Curtis was appointed to the Jersey Employment Tribunal on 1 July 2005 and has served eight years as an ‘employer’ side member.

 

Having consulted the Jersey Appointments Commission, the Minister has decided to extend Mrs Curtis’ term of office to the maximum of 10 years. Her term of office will end on 30 June 2015.

 

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