Employment (Amendment No. 9) (Jersey) Law 2016

Employment (Amendment No. 9) (Jersey) Law 2016

A LAW to amend further the Employment (Jersey) Law 2003

Adopted by the States                                             1st December 2015

Sanctioned by Order of Her Majesty in Council  10th February 2016

Registered by the Royal Court                              19th February 2016

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Article 94 of the Employment (Jersey) Law 2003 substituted

For Article 94 of the Employment (Jersey) Law 2003[1], there is substituted the following Article –

“94    Appeals

(1)     A person aggrieved by a decision or order of the Tribunal may, on a question of law only, appeal to the Royal Court by applying to the Tribunal for leave to appeal.

(2)     An application to the Tribunal for leave to appeal must be made before the end of the period of 28 days beginning with the date of the Tribunal’s decision or order.

(3)     However, the Tribunal may make an order varying the 28 day period –

(a)     of its own motion; or

(b)     on application by the person aggrieved, which application may be made either within the 28 day period or after its expiry.

(4)     A person aggrieved by the Tribunal’s –

(a)     decision to refuse an application under paragraph (3)(b); or

(b)     order under paragraph (3),

may appeal to the Royal Court on the ground that the decision or order was unreasonable, and the Court may make such order as it thinks fit, including granting or refusing leave to appeal.

(5)     The Tribunal may order a stay of any decision or order to which the application for leave to appeal relates –

(a)     pending the Tribunal’s determination of that application; or

(b)     pending further order of the Royal Court where –

(i)      the Tribunal grants or refuses leave to appeal, or

(ii)      paragraph (3) applies.

(6)     Where the Tribunal refuses leave to appeal, the person aggrieved may apply to the Royal Court for leave to appeal.”.

2        Citation and commencement

This Law may be cited as the Employment (Amendment No. 9) (Jersey) Law 2016 and shall come into force on the day after the day it is registered.

a.c. goodyear

Assistant Greffier of the States

 


 



[1]                                    chapter 05.255


Page Last Updated: 26 May 2016