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Jersey Employment Tribunal: Appointment of Chairman and Deputy Chairman

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 April 2012:

Decision Reference:  MD-S-2012-0031

Decision Summary Title :

DS JET Chair Deputy appointment

Date of Decision Summary:

25 April 2012

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 P JET Chair Deputy appointment

Date of Written Report:

25 April 2012

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: States Proposition - Appointment of Employment Tribunal Chairman and Deputy Chairman

Decision(s): The Minister decided to Propose that the States appoint, from 1 June 2012, Mrs Nicola Santos-Costa as Chairman of the Employment Tribunal and Advocate Claire Davies as Deputy Chairman of the Employment Tribunal.

 

Reason(s) for Decision: The Employment Tribunal (Jersey) Regulations 2005, as amended, require that members are appointed by the States on the recommendation of the Social Security Minister, following consultation with the Jersey Appointments Commission.  Open recruitment was undertaken in respect of both positions, overseen by the Jersey Appointments Commission. The Minister for Social Security is satisfied that the proposed Chairman and Deputy Chairman have the necessary legal qualifications, knowledge and experience. The members would each be appointed for a five year term of office, starting on 1 June 2012.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to ask the Greffier of the States to lodge the Proposition for States debate at the earliest opportunity, before the end of May.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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