Employment (Awards)
(Jersey) Order 2009
1 Interpretation
In this Order,
“Law” means the Employment
(Jersey) Law 2003.
2 Calculation
of weekly pay
(1) For
the purposes of this Order, one week’s pay shall be calculated in the
same way as one week’s pay is calculated under Schedule 1 to the
Law, subject to –
(a) the
modifications of that Schedule in paragraphs (2), (3), (4), and (5) of
this Article; and
(b) paragraph (6)
of this Article.
(2) If
by virtue of Article 63(2) or (4) of the Law a date later than the
effective date of termination as defined in paragraph (1) of that Article
is to be treated as the effective date of termination, that later date shall be
taken (instead of the date specified in paragraph 5 of Schedule 1 to
the Law) as being the calculation date.
(3) If
paragraph (2) does not apply, the date determined in accordance with
paragraph (4) shall be taken (instead of the date specified in
paragraph 5 of Schedule 1 to the Law) as being the calculation date.
(4) The
date to which this paragraph refers is the date on which notice would have been
given if –
(a) the
contract had been terminable by notice, and had been terminated by the employer
giving such notice as is required by Article 56 of the Law to terminate
the contract; and
(b) the
notice had expired on the effective date of termination,
whether or not those
conditions were in fact fulfilled.
(5) In
paragraph 6(2) of Schedule 1 to the Law, the reference to the employer
shall be taken as being a reference to the Jersey Employment Tribunal.
(6) For
the purposes of this Order, “pay” includes, in addition to basic
pay –
(a) any
overtime allowance in respect of any hours of overtime work that the employer
is bound to provide, and the employee is bound to work, under the contract of
employment; and
(b) any
shift allowance in respect of any hours of shift work that the employer is
bound to provide, and the employee is bound to work, under the contract of
employment,
but does not include any
other allowance or benefit in kind.
3 Scale
of compensation in cases of unfair dismissal
The scale of compensation
specified for the purposes of Article 77F(2) of the Law is set out in the
Schedule to this Order.
4 Maximum
award by Tribunal
(1) The
amount that is prescribed for the purposes of Article 86(6) of the Law is
the aggregate of –
(a) £10,000;
(b) the
amount specified in paragraph (2) or (3); and
(c) the
amount of each payment to which the individual who is a party to the proceedings
is entitled under this Law from his or her employer, such payment –
(i) being the subject
of the proceedings in which the award is made,
(ii) being
of the minimum amount specified in this Law to which the individual is entitled
(whether or not such amount is deemed to be a contractual entitlement under
this Law and disregarding any amount specified in a contract of employment or
relevant agreement that exceeds the minimum amount), and
(iii) not
being a payment of an amount described in sub-paragraph (b).[1]
(2) If
the Tribunal makes an award under Article 77(2) of the Law, the amount of
compensation awarded by the Tribunal determined in accordance with the scale
set out in the Schedule to this Order.
(3) If
the Tribunal makes an award under Article 77E(3) of the Law –
(a) the
amount of compensation determined in accordance with the scale set out in the
Schedule to this Order that the Tribunal awards under Article 77E(3)(a) of
the Law; and
(b) the
amount (if any) of compensation that the Tribunal awards under Article 77E(3)(b)
of the Law.
4A Maximum amount of
compensation for detrimental treatment[2]
The maximum amount of
compensation that may be awarded under Article 33(1) of the Law must not
exceed the maximum amount of a payment that the Tribunal may order under
Article 86(6) of the Law.
5 Citation
This Order may be cited as the Employment (Awards) (Jersey)
Order 2009.