Jersey Employment Tribunal - appointment of members

STATES OF JERSEY

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JERSEY EMPLOYMENT TRIBUNAL: APPOINTMENT OF MEMBERS

Lodged au Greffe on 24th May 2005

by the Employment and Social Security Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to a p point, in accordance with Regulation  3 of the Employment Tribunal (Jersey) Regulations 2005 and on

the recommendation of the Jersey Appointments Commission, the following persons as members of the Jersey Employment Tribunal with effect from 1st July 2005 and for the periods shown –

Advocate David Fisher Le Quesne (Chair) – 5 years Mrs. Nicola Santos-Costa ( Deputy Chair) – 5 years Mrs. Susan Armes – 4 years Mrs. Mary Curtis – 3 years Mrs. Kelly Flageul – 3 years Mrs. Carol Harvey – 5 years Mr. Patrick Kirwan – 5 years Mr. Samuel Le Breton – 5 years Mr. James McCartan – 4 years Mr. William McPhee – 1 year Mr. Stewart Mourant – 5 years Mr. Peter Woodward – 4 years

EMPLOYMENT AND SOCIAL SECURITY COMMITTEE

REPORT

Following their approval of the Employment Tribunal (Jersey) Regulations 2005 on 5th April 2005, which provided for the composition of the Jersey Employment Tribunal, the terms of appointment of its members, their remuneration and the Tribunal's sittings, the States are asked to approve the appointment of the first Employment Tribunal panel members.

Regulation 3 provides that the Chairman, Deputy Chairman and other members of the Tribunal shall be appointed by the States on the recommendation of the Jersey Appointments Commission. Before making its recommendations, the Commission must consult the Employment and Social Security Committee.

The Appointments Commission has worked with the Committee in carrying out an appropriate open recruitment process earlier this year, in line with the Commission's code of practice. The Commission would therefore recommend the proposed members to be appointed by the States.

The recommended Chair and Deputy are legally qualified. The other recommended panel members are persons with relevant experience, who meet the requirements of Regulation  2. Further details of their current employment and relevant background are attached at the Appendix to this report.

The Commission and the Committee are satisfied that those members proposed have either knowledge or experience of or interest in trade unions or matters relating to employees generally', or in employers' associations or matters relating to employers generally.' and will form an appropriate pool of members from which two may be selected to form a three-person panel, with the Chair or Deputy , when required.

Terms of appointment

The terms of appointment are to be in line with those prescribed in the Regulations. Members of the Tribunal will be allowed to hold office for 2  terms, each not exceeding 5  years and an initial term is proposed for each membe in the table below.

Initially, those appointments were offered on a staggered basis, varying between one and 5  years, to ensure that the terms of all those appointed do not expire on the same day, which will provide continuity in the composition of the Tribunal. The terms will also allow a member to resign at any time and provide for the other circumstances in which he or she will cease to hold office, such as bankruptcy or misconduct.

Financial/manpower statement

A budget of £113,500 has already been allocated to the Tribunal for 2005. As the Tribunal will be independent, its administration will not require any additional manpower in the Department.

APPENDIX

Chair David Le Quesne

Partner, Vibert s Jersey Lawyers, Head of litigation with a particular interest in employment Law and a locally trained mediator

Deputy Nicola Santos-Costa

Chair Current JACS Board Member and Youth Court Panel, previously of Crill

Canavan

Side Susan Armes

Members HR Director of Seymour Hotels Group and Chair of the local CIPD branch

Mary Curtis

Director of Calmera Business Consultancy and Chair of sub-Committees for IoD and Chamber of Commerce

Kelly Flageul

HR Officer at Jersey Electricity Company with particular experience in employment law and employment relations; previously 10  years working for the States of Jersey including as a shop steward at Health

Carol Harvey

HR Consultant and current employment legislation adjudicator in Guernsey

Patrick Kirwan

Union Convener at Public Services Dept and Stand Down Officer for TGWU

Samuel Le Breton

Part time Royal Court Greffier Substitute, retired Senior Police Officer and former President of the States of Jersey Police Association

James McCartan

TGWU Convener for Connex and TGWU delegate for the Jersey District Committee, Island Council and Regional Committee

William McPhee

Works Convenor for Jersey Harbours and Chair of the employee side of the Manual Workers' Joint Council

Stewart Mourant

Lifelong Farmer, Parish Honorary & Welfare Board work and Chair of Jersey Mencap

Peter Woodward

HR Consultant and current employment legislation adjudicator in Guernsey