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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Disciplinary and Grievance Procedures: Codes of Practice (R.109/2013): Consultation Report

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 January 2014:

Decision Reference: MD-S-2014-0005

Decision Summary Title :

D&G code of practice Report to States

Date of Decision Summary:

10 January 2014

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR Summary of Consultation Responses D&G Code

Date of Written Report:

10 January 2014

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Public

Subject:  Report to the States Assembly - Outcome of consultation on the ‘Disciplinary and Grievance Procedures’ code of practice

Decision(s): The Minister decided to present as a Report to the States Assembly the outcomes of consultation on the ‘Disciplinary and Grievance Procedures’ code of practice in the form of a summary of responses and the final version of the revised code of practice.

Reason(s) for Decision: The Minister intends to make an Order, in accordance with Article 2A of the Employment (Jersey) Law 2003 so that the ‘Disciplinary and Grievance Procedures’ code of practice will take effect from 1 April 2014. This will give employers time to make any necessary changes to their disciplinary and grievance procedures. Law drafting has been requested for the Order (MD-S-2013-0126).

 

Article 2A of the Employment Law requires that, prior to approving any code of practice for the purposes of the Employment Law, the Minister must publish a notice in the Jersey Gazette inviting representation on the code of practice, and must consult the Jersey Advisory and Conciliation Service (JACS), the Employment Forum and other persons, or representatives of such persons that might be affected. The Minister invited representations by publishing a white paper (which was presented to the States Assembly MD-S-2013-0085) and placing a notice in the Gazette on 12 September 2013.

 

Detailed comments were received which the Minister has included and responded to in the summary of responses. The Minister decided to make a number of improvements before preparing a final version of the code of practice, which is included at Appendix 1 to the summary of responses. The consultation outcomes will be circulated to those who responded to the consultation, to those on the States public consultation Register and will be available on the States’ website.

Resource Implications: None

Action required:  Policy Principal to request the Greffier of the States to make arrangements to present a Report to the States on 14 January 2014. In addition to the summary of responses (the written report), the Report to the States should include the revised code of practice (the supporting document) which is Appendix 1 to the summary of responses. Policy Principal to arrange for the necessary public circulation of the documents on the same date.

Signature:

 

 

Position:

Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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