Law drafting instructions for amendments to the Employment (Jersey) Law 2003, relating to the powers of the Jersey Employment Tribunal in unfair dismissal awards.

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A decision made (24/04/2007) regarding: Law drafting instructions for amendments to the Employment (Jersey) Law 2003, relating to the powers of the Jersey Employment Tribunal in unfair dismissal awards.

Subject:	Law drafting instructions for amendments to the Employment (Jersey) Law 2003, relating to the powers of the Jersey Employment Tribunal in unfair dismissal awards
Decision Reference:		Exempt clause(s):	public
Type of Report: (oral or written)	Written	Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a	Report File ref:	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\SD Tribunal powers drafting brief 13Apr07
Written report – Title	Amendments to the Employment (Jersey) Law 2003, relating to the powers of the Jersey Employment Tribunal
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): The Minister approved law drafting instructions for the drafting of appropriate amendments to the Employment (Jersey) Law 2003 to introduce two additional provisions relating to the Employment Tribunal’s powers in making awards for unfair dismissal.
Reason(s) for decision: The Minister received representations from a number of interested parties on two issues relating to the powers of the Employment Tribunal in unfair dismissal awards and asked the Forum to give its recommendations. The Forum recommended that the legislation should include the two additional powers and the Minister approved the recommendations: To give the Tribunal the power to reduce an unfair dismissal award where an employee is found to have contributed to their own dismissal (in specified circumstances). To give the Tribunal the discretion to consider whether it would be appropriate for an unfairly dismissed employee to be re-employed by their employer (whether reinstatement or re-engagement), and the power to award additional compensation if the employer does not comply with a direction for re-employment.
Action required: Submit instructions to the Law Draftsman’s Office.
Signature: (Minister/ Assistant Minister)	Date of Decision: 24 April 2007