Jersey Employment Tribunal Review: Report 2012

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 April 2013:

Decision Reference: MD-S-2013-0030
Decision Summary Title :	JET Review Report to States		Date of Decision Summary:	4 April 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 :	‘Covering Report JET Review’ and ‘JET Review’		Date of Written Report:	4 April 2013
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Jersey Employment Tribunal Review – Report to States
Decision(s): The Minister decided to present to the States the appended report concerning a review of the decisions reached by the Jersey Employment Tribunal in 2012.
Reason(s) for Decision: The terms of reference for the review were: “To review each of the Jersey Employment Tribunal’s decisions in the 2012 calendar year and provide the Minister with a written report on the following: The result in each case The reasons given by the Tribunal for reaching that decision Whether the decision of the Tribunal suggests that the complaint could be described as wholly without merit. To identify in the decisions of the Tribunal: Any patterns or precedents Any areas of the Jersey employment legislation that appear to be a source of confusion or particular difficulty.” The report indicates that there is not a fundamental problem with the way in which the Tribunal deals with cases and uncovers nothing to justify more detailed scrutiny. The Minister will consider four relatively minor matters that were raised in the report and will decide what, if any, action is required to address them.
Resource Implications: There are no financial or manpower implications. The cost of the report was £5,000.
Action required: Policy Principal to provide copies of the report and request the Greffier of the States to arrange for the report to be presented to the States on 16 April 2013.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):