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Repayment of Fines levied by the Jersey Employment Tribunal.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (28/10/2008) regarding: Repayment of Fines levied by the Jersey Employment Tribunal.

Decision Reference: MD-S-2008-0071

Decision Summary Title :

L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Repay JET fines 20Oct08

Date of Decision Summary:

20 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 :

C.I. Fire and Safety Limited v Mark Browning

Date of Written Report:

20 October 2008

Written Report Author:

Royal Court

Written Report :

Public or Exempt?

Public

Subject: Repayment of Fines levied by the Jersey Employment Tribunal

Decision(s): The Minister decided to repay to employers all sums received by the Social Security Department in respect of fines levied by the Jersey Employment Tribunal.

Reason(s) for Decision: CI Fire and Security Limited appealed to the Royal Court against a decision of the Jersey Employment Tribuanl of 29 November 2007 (Case number 2201-020/07).  On 25 September 2005 (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.  The Minister decided that all sums received by the Social Security Department by way of fines levied since the Tribunal’s inception must be repaid to employers as soon as possible, plus interest calculated at base rate.

Resource Implications: Twenty fines totalling £7,750 plus £538.55 interest will be refunded to employers. Sums will be repaid 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 issuing of cheques to return all sums received.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed): 

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