Government of Jersey

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A decision made (23.06.06) to approve the extension to the appointment of a member to the Employment Tribunal

Ministerial Decision

Subject:	Employment Tribunal Member – Extension of Appointment
Decision Reference:	MD-S-2006-0046	Exempt clause(s):	n/a
Type of Report: (oral or written)	Written	Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a	Report File ref:	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\SD McPhee Tribunal extension 13Jun06
Written report – Title	Employment Tribunal Member – Extension of Appointment
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): To approve a 5 year extension to the term of Mr William McPhee as a Side Member of the Jersey Employment Tribunal.
Reason(s) for decision: Mr McPhee’s initial one year term as a Side Member of the Employment Tribunal ends on 30 June 2006. The Employment Tribunal (Jersey) Regulations, 2005 provide that members are entitled to request an extension of their appointment for one additional term of their choice, up to a maximum of five years. Mr McPhee has requested a 5 year term.
Action required: The Minister to confirm in writing Mr McPhee’s 5 year extension (letter prepared). It is not necessary to request the States approval of an additional term; however the Greffier has advised that it would be appropriate to notify the States by way of a Ministerial statement, for the sake of good order (statement prepared).
Signature: Paul Routier - Minister	Date of Decision:

Employment Tribunal - extension of appointment

EMPLOYMENT TRIBUNAL MEMBER – EXTENSION OF APPOINTMENT

Background

The Jersey Employment currently consists of 14 members; a Chairman, a Deputy Chair, six ‘employee’ Side Members and six ‘employer’ Side Members; the maximum that may be appointed.

Initially, the tribunal appointments were approved by the States and offered on a staggered basis, varying between 1 and 5 years, to ensure that the terms of all those appointed did not expire on the same day, and to provide continuity in the composition of the Tribunal. The table below shows the members’ current terms of appointment.

Member	Term
Susan Armes	4 years
Mary Curtis	3 years
Kelly Flageul	3 years
Carol Harvey	5 years
Patrick Kirwan	5 years
Samuel Le Breton	5 years
David Le Quesne	5 years
James McCartan	4 years
William McPhee	1 year
Stewart Mourant	5 years
Nicola Santos-Costa	5 years
Peter Woodward	4 years
Mr Alan Hall	2 years
Mr Timothy Langlois	3 years

The Regulations

The Employment Tribunal (Jersey) Regulations, 2005, provide that tribunal members are to be appointed by the States initially, but extensions to appointments do not require States approval or that the States are notified. This statement has been prepared as a matter of good order.

If a member chooses to take a second and final term of his choice (up to the maximum of five years), he is entitled as a right to do so. This is in order to secure the tenure of persons appointed to offices in which their independence should be protected.

Extension of appointment

Mr William McPhee is a Works Convenor for Jersey Harbours and Chair of the Jersey District Committee of the TGWU. His first term on the tribunal is due to end on 30th June 2006 and he has requested and an additional term of 5 years (letter attatched).