Government of Jersey

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23.05.08) to approve the extension of appointments for members of the Employment Tribunal.

Decision Reference: MD-S-2008-0028
Decision Summary Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Tribunal extensions 13May08		Date of Decision Summary:	13/05/2008
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 :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\SD Tribunal extensions 13May08		Date of Written Report:	13/05/2008
Written Report Author:	Kate Morel, Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment Tribunal Membership – Extension of Appointments
Decision(s): The Minister approved extensions to each of the terms of Mrs Mary Curtis and Mrs Kelly Flageul as Side Members of the Jersey Employment Tribunal and decided to present a written Report notifying the States.
Reason(s) for Decision: The two Side Member’s terms will end on 30 June 2008. The Employment Tribunal (Jersey) Regulations, 2005 provide that members are entitled to request an extension of their appointment for one additional term of their choice, up to a maximum of five years. Mrs Curtis has requested a five year extension and Mrs Flageul has requested a four year extension. It is not necessary to request States approval of the extended appointments, however the Minister wishes to present a Report notifying the States as a matter of good order.
Resource Implications: There are no financial or manpower implications.
Action required: The Greffier of the States to present a Report notifying the States at the earliest opportunity.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment Tribunal Membership - extension of appointments

REPORT TO BE PRESENTED BY

THE MINISTER FOR SOCIAL SECURITY

ON (date)

The Jersey Employment Tribunal currently consists of 18 members; a Chairman, a Deputy Chair, eight ‘employee’ Side Members and eight ‘employer’ Side Members.

In 2005, the Tribunal appointments were approved by the States and offered on a staggered basis, varying between 1 and 5 years, to ensure that the terms of all those appointed did not expire on the same day, to provide continuity in the composition of the Tribunal.

The Employment Tribunal (Jersey) Regulations 2005, provide that Tribunal members are appointed by the States initially, but if a member chooses to take a second (and final) term of his choice, up to the maximum of five years, he is entitled as of right to do so. This is in order to secure the tenure of persons appointed to offices in which their independence should be protected.

Mrs Mary Curtis is the Director of “Calmera Business Consultancy” and the Chair of sub-Committees for the Institute of Directors and the Chamber of Commerce. Mrs Curtis’ first term on the Tribunal is due to end on 30th June 2008 and she has chosen a five year extension to her term.

Kelly Flageul is a senior manager of Law At Work (Channel Islands) Limited. She oversees a team of experienced professional consultants who advise, guide, assist and train employers in employment law and human resources related employee issues. Mrs Flageul’s first term on the Tribunal is due to end on 30th June 2008 and she has chosen a four year extension to her term.

I am grateful to Mrs Curtis and Mrs Flageul for requesting second terms on the Tribunal and I would like to thank all of the Employment Tribunal members, the Chairman, the Deputy Chairman and the Secretary for their continued hard work and commitment.