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CI Fire and Security Limited v Browning – Costs Hearing.

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (05/12/2008) regarding: CI Fire and Security Limited v Browning – Costs Hearing.

Decision Reference: MD-S-2008-0077

Decision Summary Title :

L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Accept JET costs order 30Oct08

Date of Decision Summary:

30 October 2008

Decision Summary Author:

Kate Morel, Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

CI Fire and Security Limited v Browning

Date of Written Report:

25 September 2008

Written Report Author:

Royal Court

Written Report :

Public or Exempt?

Public

Subject: CI Fire and Security Limited v Browning – Costs Hearing

Decision(s): The Minister decided to accept an order for costs, in accordance with legal advice, against the Jersey Employment Tribunal in regard to an appeal to the Royal Court from CI Fire and Security Limited on grounds that the Royal Court found that the Tribunal had no power to fine or to deal with criminal matters.

Reason(s) for Decision: CI Fire and Security Limited appealed to the Royal Court against a decision of the Jersey Employment Tribunal of 29 November 2007 (Case number 2201-020/07).  On 25 September 2008 (Case number 2008/82), the Royal Court found that the Jersey Employment Tribunal had no power under the Employment (Jersey) Law 2003 to fine or to deal with any criminal matters.  A hearing for costs has been arranged at which it is expected that the appellant company will seek an order for costs against the Tribunal.  The Minister decided that an order for costs, in accordance with legal advice, should be accepted and paid out of the income of the States.

Resource Implications: The costs will be paid from the budget of the Employment Tribunal which is funded from the general income of the States of Jersey.

Action required: Kate Morel to make arrangements for the costs to be paid to the appellant following the costs hearing.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed): 

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