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Employment (Amendment No. 5) (Jersey) Law 2010 (Appointed Day) Act 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 October 2010 regarding: Employment (Amendment No. 5) (Jersey) Law 2010 (Appointed Day) Act 201-.

Decision Reference:  MD-S-2010-0061

Decision Summary Title :

DS - Redundancy Law App Day

Date of Decision Summary:

4 October 2010

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 - Redundancy Law App Day

Date of Written Report:

4 October 2010

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Appointed Day Act to enact redundancy payments legislation

Decision(s): The Minister decided to lodge the draft Employment (Amendment No. 5) (Jersey) Law 2010 (Appointed Day) Act 201-, to bring into force specified articles of the Employment (Amendment No. 5) (Jersey) Law, 2010 on 1 January 2011.

Reason(s) for Decision: Following Privy Council sanction on 21 July 2010, the Employment (Amendment No. 5) (Jersey) Law 2010 was registered by the Royal Court on 6 August 2010.  

The principal purpose of the Law is to amend the Employment (Jersey) Law 2003 to give qualifying employees the right to a redundancy payment. Certain provisions relating to redundancy are not proposed for enactment at this stage pending further amendments that will be proposed in respect of the collective consultation requirements.    

The legislation has been subject to significant consultation and guidelines and training sessions have been provided by the Jersey Advisory and Conciliation Service to advise employers and employees prior to enactment. The Minister considers that there has been an adequate period of notice to allow the law to be enacted on 1 January 2011.

Resource Implications: There are no financial or manpower implications

Action required: Policy Principal to request the Greffier of the States Greffe to arrange to lodge ‘au Greffe’ the Projet on 5 October 2010, for States debate on 19 October 2010.

Signature: 

Position:

Minister

Date Signed: 

Date of Decision (If different from Date Signed):

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