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Employment Tribunal Side Member - Extension of Appointment.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (27/08/2008) regarding: Employment Tribunal Side Member - Extension of Appointment.

Decision Reference: MD-S-2008-0049

Decision Summary Title :

L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Langlois JET extension 26Aug08

Date of Decision Summary:

26/08/2008

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 Langlois JET extension 26Aug08

Date of Written Report:

26/08/2008

Written Report Author:

Kate Morel

Written Report :

Public or Exempt?

Public

Subject: Employment Tribunal Side Member – Extension of Appointment

Decision(s): The Minister approved a 5 year extension to the term of Mr Timothy Langlois as a Side Member of the Jersey Employment Tribunal and decided to present a written Report notifying the States.

Reason(s) for Decision: Mr Langlois’ initial three year term as a Side Member of the Employment Tribunal ends on 30 September 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.  Mr Langlois has requested a 5 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 Side Member - Extension of Appointment.

REPORT TO BE PRESENTED BY

 

THE MINISTER FOR SOCIAL SECURITY

 

ON (date)  
 

Employment Tribunal Side Member – Extension of Appointment  

Background  

The Jersey Employment currently consists of 18 members; a Chairman, a Deputy Chairman, eight ‘employee’ Side Members and eight ‘employer’ Side Members.  This is the maximum number that may be appointed. 

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 Tribunal Regulations

 

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. 
 

Extension of appointment  

Mr Timothy Langlois is currently a Systems Technician at Jersey Telecom Limited, having worked there for twenty three years.  He is the GMB (Britain's General Union) Senior Representative for Jersey Telecom and President of the GMB Jersey Branch. 

Mr Langlois’ first term on the Tribunal is due to end on 30th September 2008 and he has chosen a five year extension to his term. 
 

I am grateful to Mr Langlois for requesting a second term on the Employment 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.

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