Employment Forum Membership

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 October 2009) regarding:Employment Forum Membership.

Decision Reference: MD-S-2009-0061
Decision Summary Title :	DS - Forum new members		Date of Decision Summary:	20 October 2009
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 - Forum new members		Date of Written Report:	20 October 2009
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment Forum Membership
Decision(s): The Minister decided to appoint three new members to the Employment Forum; Miss Barbara Ward as an “employee” representative; Mr Thomas Quinlan as an “employer” representative; and Mrs Helen Ruelle as an “independent” representative. Each has been appointed for a three year term, starting on 1 December 2009. The Minister also decided to appoint Mr David Robinson as the Chairman of the Employment Forum, effective from 1 December 2009.
Reason(s) for Decision: Due to a number of members’ terms of appointment coming to an end, an open recruitment and selection process was undertaken by the Forum during the period July to September 2009 seeking at least one representative from each category. One of the terms of appointment that has ended is that of the current Chairman, Miss Wendy Lambert. The members of the Forum nominated Mr David Robinson to replace her as Chairman from 1 December 2009.
Resource Implications: There are no financial or manpower implications.
Action required: The Minister to formally approve the appointments.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Employment Forum Membership

BACKGROUND

The Employment Forum is intended to consist of nine members, appointed on the basis of their interest in employment relations and diversity of backgrounds, with three employer, three employee and three independent representatives. The Employment (Jersey) Law 2003 requires that a Chairman and eight members are appointed by the Social Security Minister. The current membership is as follows;

Independent	Appointment end date
Wendy Lambert (Chair)	30 Nov 2009
Sally Johnson (Deputy)	30 Sep 2009
Carol Le Cocq	31 Dec 2011

Employer
Jeralie Pallot	31 May 2011
Jan McCarthy	31 Dec 2011
Melvin Le Feuvre	31 December 2009

Employee
David Robinson	31 Dec 2011
Rosemary Pestana	31 Oct 2009
David O’Connor	31 Dec 2011

Although the Employment (Jersey) Law 2003 does not limit the number of terms that a member may hold, the Forum has proposed that in accordance with good practice, there must be an opportunity to recruit new members in order to prevent stagnation. The Forum suggested that when a member has completed three terms of three years, that position should be openly advertised, whilst allowing the existing member to be considered for re-appointment, if they wish to continue on the Forum.

RECRUITMENT PROCESS

An advertisement was placed in the Jersey Evening Post, on the Social Security ‘Jobs in Jersey’ website and was sent to all of those on the Forum’s consultation database (approximately 200 contacts, including employers and employees, trade unions and employers associations).

Two of the continuing members of the Forum, Jeralie Pallot and David Robinson, undertook interviews during August and September 2009. Three suitable candidates were identified to fill the following three vacancies and it is proposed that the following three members are appointed to the Forum effective from 1 December 2009, each for a three year term:

Miss Barbara Ward

Mrs Helen Ruelle

Mr Thomas Quinlan.

Employee position

David O’Connor was appointed to the Forum on 1 January 2009, however he resigned on 27 May 2009 due to personal circumstances. Barbara Ward will replace Mr O’Connor.

Miss Ward is currently an Executive representative for the Jersey Civil Service Association and the Senior Manager for Modernisation and Service Development at the Health and Social Service Department. Miss Ward’s previous experience includes 23 years of leading trade union roles for the Royal College of Nursing, including Lead Negotiator, Chairman, Secretary, Convenor and Lead Steward. Miss Ward is also currently a trustee of the States Public Employees Contributory Retirement Scheme.

Employer position

Melvin Le Feuvre has served three terms on the Forum, the third of which was due to end on 31 August 2008, but was extended to 31 December 2009 in order to allow Mr Le Feuvre to complete the latest minimum wage review. Mr Le Feuvre indicated that he would resign as soon as a suitable replacement had been identified and his resignation will be effective as of 30 November 2009. Thomas Quinlan will replace Mr Le Feuvre.

Mr Quinlan is currently the Human Resources Manager at the Hotel de France, with responsibility for all recruitment, selection, training, development, human resources and payroll within the Hotel. Mr Quinlan has more than 20 years experience working in the hospitality industry, both in Jersey and a number of award winning hotels in the United Kingdom, including roles managing hotel food and beverage operations, restaurants, bars and large conference and banqueting events. Mr Quinlan is also an “Investors in People” Champion.

Independent positions

Wendy Lambert has served three terms on the Forum, including four years as Chairman. Miss Lambert does not intend to reapply at the end of her current term.

Although not required by the Employment Law, the Forum has always ensured that one of the “independent” positions is filled by someone who is legally qualified. Mrs Helen Ruelle will replace Miss Lambert.

Mrs Ruelle is a Senior Associate and Head of the Employment Law team at Mourant du Feu & Jeune, where she has worked since 2001. Mrs Ruelle is a Jersey advocate and has ten years' experience of employment law, both in Jersey and the UK. Prior to joining Mourant, Mrs Ruelle worked as a commercial lawyer in the UK in both private practice and as an in-house lawyer in local government. Mrs Ruelle is also a member of the Employment Lawyers' Association.

Other vacancies

Chairman - A new Chairman is required to replace Miss Lambert. Traditionally, the Chairman has always been an “independent” member; however the Employment Law does not require this to be the case, only that a Chair and eight other members are appointed by the Social Security Minister.

David Robinson was nominated by the existing membership and he has agreed to take up the position of Chairman, effective from 1 December 2009.

Mr Robinson has worked for The Jersey Electricity Company for over 21 years; his present role includes Relief Shift Engineer and electrical responsibilities at La Collette Power station. Mr Robinson’s Prospect Trade Union roles of 18 years have covered a variety of positions including Chairman and member of the Negotiating Committee. He is the current members’ nominated trustee for the JEC pension scheme and has been a member of the Employment Forum for four years.

Employee representative - Mrs Rosemary Pestana has served a three year term on the Forum. Mrs Pestana’s circumstances have recently changed and she has decided not to request a second term on the Forum. Her position will become vacant as of 31 October 2009.

Independent representative - The Forum was unable to identify through the recent recruitment a suitable “independent” representative to replace Mrs Sally Johnson. Mrs Johnson’s current term ended as of 30 September 2009 and that position will remain vacant until such a time as a suitable replacement can be found. The Forum is seeking an independent person, ideally with experience or knowledge of economics or statistics.

The Forum will advertise for two new members in 2010.

The Forum proposes the following membership:

Independent	Appointment end date
Carol Le Cocq	31 Dec 2011
Helen Ruelle	30 November 2012
Vacant

Employer
Jeralie Pallot	31 May 2011
Jan McCarthy	31 Dec 2011
Thomas Quinlan	30 November 2012

Employee
David Robinson	31 Dec 2011
Barbara Ward	30 November 2012
Vacant