21 November 2006
The Jersey Employment Tribunal has released their first annual report for the period 1st July 2005 (when the Employment (Jersey) Law 2003 came into force) – to 30th June 2006.
Social Security Minister, Paul Routier said; “I am very grateful to the Chairman and Deputy Chairman of the Tribunal for their commitment and leadership of Tribunal hearings, and the twelve Side Members for providing the necessary balance in reaching sound judgments.
The Tribunal has served its purpose well during its first year of enforcing the Employment Law, and I am sure that it will continue to do so as the employment legislation develops over the coming years. I must also thank the Tribunal Secretary, John Mallet, whose invaluable contribution to the setting up and administration of the Tribunal has played a major part in creating what I am confident is an efficient and effective Employment Tribunal system for Jersey.”
The annual report states that of the 176 applications submitted to the Employment Tribunal during that period, 114 were settled without a hearing being necessary, 26 were heard by the Tribunal and 28 cases were ongoing. This indicates that the Jersey Advisory and Conciliation Service (JACS) is effectively undertaking their role, which is to resolve the majority of cases or encourage a settlement between parties. It is a last resort for disputes to be determined by the Tribunal.
The Tribunal Chairman notes in his report that, although there seems to be a good understanding of what might be fair grounds for dismissal, employers are less aware that a fair procedure is also required when a dismissal is planned. This might account for 77% of Tribunal hearings having found in favour of the employee.
Employers wishing to familiarise themselves with the requirements of the law, including the necessary dismissal procedures, are encouraged to seek advice from JACS, where they will receive a free and confidential advisory service. JACS can offer a wealth of information to assist employers in ensuring that their contracts and procedures comply with the employment legislation to reduce the risk of tribunal claims.
gov.je