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Jersey Employment Tribunal: Re-appointment of Side Members

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 18 January 2013:

Decision Reference:  MD-S-2013-0007

Decision Summary Title :

DS JET extensions

Date of Decision Summary:

8 January 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 extensions

Date of Written Report:

8 January 2013

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Jersey Employment Tribunal Re-appointment of Side Members

Decision(s): The Minister decided to present a written Report notifying the States that two Side Members of the Jersey Employment Tribunal have 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 terms of two Side Members, Mr Mark Therin and Mr Michael Baudains, are due to expire on 15 January 2013. The two members have requested re-appointment, each for a five year term that would end on 15 January 2018. Having consulted the Jersey Appointments Commission, the Minister has agreed that the two members should be re-appointed. It is not necessary to request that the States approves the re-appointments; 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:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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