Jersey Employment Tribunal: Re-appointment of Side Members

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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):

Jersey Employment Tribunal: Re-appointment of Side Members

REPORT TO BE PRESENTED BY

THE MINISTER FOR SOCIAL SECURITY

Jersey Employment Tribunal – Re-appointment of Side Members

Background

The maximum number of Side Members that may be appointed to the Jersey Employment Tribunal is 16; up to eight ‘employee’ Side Members and up to eight ‘employer’ Side Members.

The Tribunal Regulations, as amended by the Employment Tribunal (Amendment No. 2) (Jersey) Regulations 2011, provide that Employment Tribunal members are appointed by the States for a term of up to five years. If a member requests that their term is extended, the Minister for Social Security 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-appointments

Two Side Members, whose terms on the Employment Tribunal are due to end on 15 January 2013, have each requested a five year extension:

Mr Mark Therin

For 12 years until 1997, Mr. Mark Thérin was the Managing Director of a large construction company and a member of the Jersey Building and Allied Trades Employers Federation General Council, holding the post of Council Vice-President for a time. Mr. Thérin was a volunteer generalist Adviser at the Citizens’ Advice Bureau during 2003 to 2008 and is currently a volunteer with Victim Support.

Mr Michael Baudains

Mr. Michael Baudains is a Chartered Engineer who was employed by the States of Jersey for 30 years, including 25 years in an engineering capacity for the Transport and Technical Services Department. As a former employee and manager of unskilled, semiskilled, technical and administration staff, Mr. Baudains has considerable experience of employment relations.

Having consulted the Jersey Appointments Commission, the Minister has decided to extend the terms of office of the two members by re-appointing them each for a second term of 5 years that would end on 15 January 2018.