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Legal costs of the former employees of Woolworths PLC.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (02/02/2009) regarding: Legal costs of the former employees of Woolworths PLC.

Decision Reference:  MD-TR-2009-0016

Decision Summary Title:

Legal costs of the former employees of Woolworths plc

Date of Decision Summary:

2nd February 2009

Decision Summary Author:

Jason Turner

Deputy Treasurer

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Legal costs of the former employees of Woolworths plc

Date of Written Report:

2nd February 2009

Written Report Author:

Jason Turner

Deputy Treasurer

Written Report :

Public or Exempt?

Exempt 3.2.1 (x)

Subject:  Legal costs of the former employees of Woolworths plc

Decision(s): The Minister decided, without prejudice to any future case of redundancy arising in the Island, to prioritise the use of departments’ 2008 underspend against budget to meet the legal costs of the former employees of Woolworths plc.

Reason(s) for Decision: The Council of Ministers, strongly believes that the former employees of Woolworths plc in Jersey should be supported by providing them with every assistance possible in pursuing their rights through the Royal Court, including most particularly meeting the legal costs of them doing so.

To ensure that the former employees of Woolworths plc in Jersey have every support necessary to enable them to pursue their rights to payments in lieu of notice as provided for in the Employment Law (Jersey) 2003.

Article 15(1) of the Public Finance (Jersey) Law 2005 provides that all or any part of the money appropriated to a head of expenditure may, with the approval of the Minister for Treasury and Resources, be withdrawn from the consolidated fund after the end of the relevant financial year i.e. carried forward into the following year.

Resource Implications:

Other than those detailed in the report there are no further financial or manpower Implications.

Action required: Minister for Treasury and Resources to notify the Council of Ministers that the first call on 2008 departmental underspends will be the costs of funding legal action by the former employees of Woolworths plc.

Signature: 
 
 

Position: Senator P F C Ozouf, Minister for Treasury and Resources 

                 

Date Signed: 2nd February 2009

Date of Decision: 2nd February 2009

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