Forms of application approved under the Employment (Relations) Jersey Law 2007.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (06/06/2008) regarding: Forms of application approved under the Employment (Relations) Jersey Law 2007.

Decision Reference: MD-S-2008-0032
Decision Summary Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS ERL Application form 3Jun08		Date of Decision Summary:	05/06/2008
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 ERL Application form 3Jun08		Date of Written Report:	05/06/2008
Written Report Author:	John Mallet, Employment Relations Registrar		Written Report : Public or Exempt?	Public
Subject: Forms of application approved under the Employment (Relations) Jersey Law 2007
Decision(s): The Minister decided to approve a form of application for the purpose of referring collective employment disputes to the Jersey Employment Tribunal under the Employment (Relations) Jersey Law 2007.
Reason(s) for Decision: Article 6 of the Employment Relations Law provides that where forms of application are not prescribed by Regulations under that Law, the Minister must approve the form in which applications may be made. 6 Forms of applications (1) If the form of an application under this Law is prescribed, the application must be made in that form. (2) If the form of an application under this Law is not prescribed, the Minister shall approve the form in which the application may be made. (3) If the form of an application under this Law is approved under paragraph (2), the application must be made in that form.
Resource Implications: There are no financial or manpower implications.
Action required: The Employment Relations Registrar to be advised that the form of application has been approved by the Minister in order that copies can be made available to the public, on request.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Forms of application approved under the Employment (Relations) Jersey Law 2007.

For Office use only

Received on:

Case No

Code

Initials

Jersey Employment Tribunal

Application Form (in respect of a Collective Employment Dispute)

Employment Relations (Jersey) Law 2007

Please read the notes on this page carefully before filling in this form.

You may find it helpful to take advice before filling in the form. Advice can be obtained from JACS, the Citizens Advice Bureau or a lawyer.

How to fill in this form

Please complete using CAPITAL letters and a black pen.

Please make sure that all the information you give is as accurate as possible.

Where there are choices i.e. Yes or No, please tick the one that applies.

If you fax the form, please also hand deliver or send us a copy in the post.

Please Note: A copy of this form will be sent to the other party involved. We will also send a copy to the Jersey Advisory and Conciliation Service (JACS) unless you tell us not to. Please tick the box if you don’t want us to forward a copy to JACS.

Notwithstanding the above it is important to note that should the other party/parties request involvement by JACS these details will be sent to that service.

JERSEY EMPLOYMENT TRIBUNAL

APPLICATION FORM IN RESPECT OF COLLECTIVE EMPLOYMENT DISPUTES

FOR COMPLETION BY EMPLOYERS, EMPLOYERS’ ASSOCIATIONS, EMPLOYEES OR TRADE UNIONS

Section 1

1. Name and address of Applicant

Section 2

2. Names and addresses of other parties involved in the collective employment dispute (‘the Dispute’)

Section 3

3. Are you requesting that the Tribunal receive this Application Form from you as:

An employee Yes / N o
An employer Yes / N o
As an employers’ association Yes / N o
A trade union Yes / N o

Section 4

4.1 If an employers’ association or trade union is making this application please confirm that:

The employers’ association or trade union is registered in accordance with the provisions of Employment Relations (Jersey) Law 2007 (‘the Law’) Yes / No
You are duly authorised by the employers’ association or trade union to make this application to the Tribunal. Yes / No

4.2 Please provide details of the registration of the employers’ association or trade union:

4.3 Please confirm that the Tribunal Secretary and members of the Tribunal hearing this application may make notes from the information contained in the Register of Trade Unions and Employers’ Associations and may take copies of any documentation deemed relevant for the purposes of this hearing.

Yes / No

Section 5

5.1 Please confirm whether the dispute refers to:
the terms of employment of one or more employees;	Yes	No
the conditions in which one or more employees are required to work;	Yes	No
the engagement or non-engagement of one or more persons as employees, or the termination or suspension of employment of one or more employees;	Yes	No
the termination or suspension of the duties of employment of one or more employees;	Yes	No
the allocation of work or the duties of employment as between employees or as between groups of employees;	Yes	No
matters of discipline or grievance;	Yes	No
the membership or non-membership of a trade union on the part of one or more employees;	Yes	No
facilities for officials of trade unions;	Yes	No
an issue as to whether or not an approved code of practice is being observed by one or more employers or by one or more employees.	Yes	No
A recognition dispute (if you have answered Yes to this point refer to paragraph 5.2 below).	Yes	No

5.2 In respect of recognition dispute ONLY, please confirm the following details:

That the employer has employed on average more than 21 employees in the period of 13 weeks immediately preceding the date on which the dispute arose.

Yes

That the application concerns a dispute over an approved code of practice as to the recognition of trade unions and relates to:

- Pay

- Hours of work

- Holidays

Yes

5.3.1 Does the Dispute involve a Minister of the States of Jersey acting in the role of employer?

Please provide details of the authority vested in such Minister on a separate sheet.

Yes

5.3.2 If the answer to 5.3.1. is YES does the Dispute relate to the matters described in article 5(3) of the Law?

Yes

Section 6

6.1 Are you making this application for a hearing before the Tribunal with the consent of each party to the Dispute?	Yes	No
6.2. If the answer to 6.1 is YES, please attach written evidence of such consent to this form.

6.3. If the answer to 6.1. in No, please confirm that:
6.3.1. You are a party to the Dispute	Yes	No
6.3.2. You believe that; (a) as far as reasonably practicable all other available procedures have been applied unsuccessfully to resolve this dispute	Yes	No
(b) a party to this Dispute is acting unreasonably by failing to comply with an available procedure in order to resolve the Dispute:	Yes	No
(c) You acknowledge that a copy of this application form will be sent to each party to the Dispute	Yes	No

Section 7

7.1. Has JACS been involved in the negotiation or attempted conciliation of this Dispute	Yes	No
7.2. Name of JACS officer

Section 8

8.1 Should this application for a hearing be given priority over other cases by the Tribunal

Yes

8.2.1. If the answer to 8.1. is YES: give a brief reason for urgency of application

8.2.2. Confirm that you are able to attend the Tribunal at short notice (i.e. 48 hours, or less)

Yes

Section 9

9. Please attach a report setting out brief details of the Dispute and the attempts that have been made to resolve it.

Section 10

10.1 Representative’s name:
10.2 Name of the representative’s organisation:
10.3 Address:	Postcode
10.4 Phone number:

Signature: ……………………………………………….. Date: …………………………………….

Data Protection (Jersey) Law 2005.

All information provided is treated in compliance with the Data Protection Law. The information is required by the Tribunal to assess the claim. A copy of this form will be sent to the other party/parties. A copy of the form will also be sent to the Jersey Advisory & Conciliation Service (JACS) unless you ask us not to. (See front sheet) Notwithstanding the above it is important to note that should the other party/parties request involvement by JACS these details will be sent to that service.

Please check the form to ensure that you have included all the relevant information