Jersey Advisory and
Conciliation (Jersey) Law 2003
A LAW to establish machinery for
promoting the improvement of employment relations and to assist in the
resolution of employment disputes, and for incidental and connected purposes.
Adopted by the
States 5th November 2002
Sanctioned by
Order of Her Majesty in Council 27th February 2003
Registered by the
Royal Court 21st
March 2003
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Board”
means the Board of JACS constituted in accordance with the Schedule;
“Committee” means the Employment and Social Security Committee;
“financial year” means the financial year of JACS, being the period beginning
with the day on which Article 2 comes into force and ending with the 31st
December in the following year, and each subsequent period of twelve months
ending with the 31st December in each year or such other date as the Committee
may prescribe by Order;
“function”
includes power, authority and duty;
“JACS”
means the Jersey Advisory and Conciliation Service established by Article 2;
“member”
means member of the Board; and
“employment dispute” means any dispute between an employer and a worker or
workers in the employment of that employer which is connected with the terms of
employment or with the conditions of labour of any of those workers but does
not include a dispute as to the entering into, or failure to enter into, a
contract of employment with a person; and in this definition
“employment” includes any relationship where one person personally
does work or performs services for another where that other person controls the
manner in which, and the time at which, the work is done or the services are
performed.
(2) A
reference in this Law to an Article by number only and without further
identification is a reference to the Article of that number in this Law.
(3) A
reference in an Article or other division of this Law to a paragraph, sub-paragraph
or clause by number or letter only and without further identification is a
reference to the paragraph, sub-paragraph or clause of that number or letter in
the Article or other division of this Law.
(4) A
reference in this Law to an enactment is a reference to that enactment as
amended from time to time and includes a reference to that enactment as
extended or applied under another enactment, including another provision of
this Law.
2 Establishment
of Jersey Advisory and Conciliation Service
(1) There
is established a body called the Jersey Advisory and Conciliation Service.
(2) The
provisions of the Schedule shall have effect with respect to JACS.
3 General
duty to promote improvement of employment relations and the resolution of
employment disputes
It shall be the general duty of JACS –
(a) to
promote the improvement of employment relations;
(b) to
assist in the resolution of individual and collective employment disputes; and
(c) to
assist in the building of harmonious relationships between employers and
employees, collectively and individually, and thereby improve the performance
and effectiveness of organisations.
4 Conciliation
(1) Where
an individual or collective employment dispute exists or is apprehended JACS
may, at the request of one or more parties to the dispute or otherwise, offer
the parties to the dispute its assistance with a view to bringing about a
settlement.
(2) The
assistance may be by way of conciliation or by other means, and may include the
appointment of an employee of JACS or a person other than an employee of JACS
to offer assistance to the parties to the dispute with a view to bringing about
a settlement.
(3) In
exercising its functions under this Article JACS shall have regard to the
desirability of encouraging the parties to a dispute –
(a) to
use any appropriate agreed procedures for negotiation or the settlement of
disputes; and
(b) to
comply with a relevant code of practice issued under this Law.
5 Conciliation
officers
JACS shall designate some of its employees, and may designate
persons who are not employees of JACS, to conciliate in individual or
collective employment disputes in accordance with this Law and any other
enactment (whenever passed) relating to matters which are or could be the
subject of proceedings before an industrial tribunal constituted under Article
3 of the Industrial Disputes (Jersey) Law
1956.[1]
6 Arbitration
(1) Where
an individual or collective employment dispute exists or is apprehended JACS
may, at the request of one or more of the parties to the dispute and with the
consent of all the parties to the dispute, refer all or any of the matters to
which the dispute relates for settlement through arbitration or mediation
conducted by one or more persons appointed by JACS for that purpose (not being members
or employees of JACS).
(2) In
exercising its functions under this Article JACS shall consider the likelihood
of the dispute being settled by conciliation.
(3) Where
there exist agreed appropriate procedures for negotiation or the settlement of
disputes between the parties to the employment dispute, JACS shall not refer a
matter for settlement to arbitration or mediation under this Article unless –
(a) those
procedures have been used and have failed to result in a settlement; or
(b) there
is, in JACS’ opinion, a special reason which justifies arbitration or
mediation under this Article as an alternative to those procedures.
(4) Where
a matter is referred to arbitration –
(a) if
more than one arbitrator or arbiter is appointed, JACS shall appoint one of
them to act as chairman; and
(b) the
award may be published if JACS so decides and all the parties consent.
(5) The
Arbitration (Jersey) Law 1998[2] shall not apply to an
arbitration under this Article.
7 Advice
(1) JACS
may issue such information and give such advice as it thinks appropriate on
matters concerned with employment relations.
(2) Information
or advice given under paragraph (1) may be given on request or otherwise.
(3) JACS
may also publish general advice on matters concerned with employment relations
or established employment policies.
8 Inquiry
(1) JACS
may inquire into any question relating to employment relations generally or to
employment relations in any particular industry or in any particular
undertaking or part of an undertaking.
(2) The
findings of an inquiry under this Article, together with any advice given by
JACS in connection with those findings, may be published by JACS if –
(a) it
appears to JACS that publication is desirable for the improvement of employment
relations, either generally or in relation to the specific question inquired
into; and
(b) after
sending a draft of the findings to all parties appearing to be concerned and
taking account of their views, it thinks fit.
9 Issue
of codes of practice by the Committee
(1) For
the purpose of promoting the improvement of employment relations the Committee
may, after consultation with JACS and with such persons as it considers will be
affected, or representatives of such persons, issue such codes of practice as
in its opinion are suitable for that purpose.
(2) When
the Committee proposes to issue a code of practice it shall, after consultation
with JACS and with such other persons as it has reason to believe will be
affected, or with representatives of such persons, prepare and publish a draft
of the code, and shall consider any representations made to it about the draft
and may thereafter modify the draft accordingly.
(3) Where
a code of practice is issued under paragraph (1), the Committee shall publish
in the Jersey Gazette a notice –
(a) identifying
the code and stating the date on which approval of it by the Committee is to
take effect; and
(b) stating
where the code may be inspected.
(4) The
Committee may from time to time revise the whole or any part of any code of
practice prepared by it in pursuance of this Article.
(5) When
the Committee proposes to revise a code of practice it shall, after
consultation with JACS and with such other persons as it has reason to believe
will be affected, or with representatives of such persons, prepare and publish
a draft of the revision, and shall consider any representations made to it
about the draft and may thereafter modify the draft accordingly.
(6) Where
a code of practice is revised under paragraph (4), the Committee shall publish
in the Jersey Gazette a notice –
(a) identifying
the revised code and stating the date on which approval of it by the Committee
is to take effect; and
(b) stating
where the revised code may be inspected.
10 Effect
of failure to comply with Code
(1) A
failure on the part of any person to observe any provision of a code of
practice issued under this Law shall not of itself render him liable to any
proceedings.
(2) In
any proceedings before a court or an industrial tribunal constituted under
Article 3 of the Industrial Disputes
(Jersey) Law 1956,[3] a code of practice issued
under this Law shall be admissible in evidence, and any provision of the Code
which appears to the court or the tribunal to be relevant to any question
arising in the proceedings shall be taken into account in determining that
question.
11 Provisions
of earlier Code superseded by later
(1) If
the Committee is of the opinion that the provisions of a code of practice to be
issued by it under this Law will supersede the whole or part of a Code previously
issued under this Law it shall in the new Code state that on the day on which
the new Code comes into effect the old Code or a specified part of it shall
cease to have effect.
(2) The
provisions of paragraph (1) shall not affect any transitional provisions
or savings which are to come into force when the new Code is brought into
effect.
12 Orders
(1) The
Committee may by Order make provision for the purpose of carrying this Law into
effect.
(2) An
Order made under this Law may –
(a) make
different provision in relation to different cases or circumstances; and
(b) contain
such transitional, consequential, incidental or supplementary provisions as
appear to the Committee to be necessary or expedient for the purposes of the
Order.
(3) The
Subordinate Legislation (Jersey) Law 1960[4] shall apply to Orders made
under this Law.
13 Citation
and commencement
This Law may be cited as the Jersey Advisory and Conciliation
(Jersey) Law 2003 and shall come into force on the seventh day following its
registration.
M.N. DE LA HAYE
Greffier of the States.
SCHEDULE
(Article 2)
Constitution and Administration of Jersey
Advisory and Conciliation Service and its Board
1.-(1) JACS shall –
(a) be
a body corporate, of which the corporators are the members of its Board, with perpetual
succession and a common seal; and
(b) be
directed by a Board constituted in accordance with paragraphs 3 to 5.
(2) JACS
may –
(a) sue
and be sued in its corporate name;
(b) enter
into contracts and acquire, hold and dispose of any property; and
(c) so
far as is possible for a body corporate, exercise the rights, powers and
privileges and incur the liabilities and obligations of a natural person of
full age and capacity.
2.-(1) The functions of JACS, and those of its
employees, shall be performed on behalf of the States, but not so as to make it
subject to directions of any kind from any Committee or Member of the States as
to the manner in which it is to exercise its functions under any enactment.
(2) Nothing
in any enactment shall prevent or penalise the disclosure to JACS, for the
purposes of the exercise of any of its functions, of information lawfully
obtained by a Committee, administration or department of the States.
(3) JACS
shall maintain such offices in the Island as it thinks fit for the purposes of
discharging its functions under any enactment.
The Board of JACS
3.-(1) Subject to the following provisions, the Board
shall consist of not more than seven members who shall not be members of the
States.
(2) On
the commencement of this Law the Board shall be constituted of members
appointed by the Committee on the recommendation of the Employment Forum, but
thereafter members shall be selected and appointed by the Board subject to the
approval of the Committee, who shall immediately inform the States of any such
appointment.
(3) Before
making an appointment under sub-paragraph (2) the Board shall consult such
organisations representing employers and workers as the Board considers
appropriate, and shall only appoint such persons as appear to them to have
skills, experience and ability in employment relations and employment matters.
(4) The
Board shall determine its own procedure, including the quorum necessary for its
meetings.
(5) The
Board shall each year choose a member to act as chairman, and another to act as
deputy chairman.
(6) The
validity of proceedings of the Board shall not be affected by any vacancy among
the members of the Board or by any defect in the appointment of any of them.
(7) The
fixing of the common seal of JACS shall be authenticated by the signature of a
person authorized by the Board to sign on behalf of JACS.
(8) A
document purporting to be duly executed under the seal of JACS shall be
received in evidence and shall, unless the contrary is proved, be deemed to be
so executed.
Terms of appointment of members of Board
4.-(1) The members of the Board shall hold and vacate
office in accordance with their terms of appointment, subject to paragraphs (2)
and (3).
(2) A
person shall not be appointed to the Board for a term exceeding four years, but
previous membership shall not affect eligibility for re-appointment.
(3) A
member may at any time resign his membership, and the chairman or a deputy
chairman may at any time resign his office as such, by notice in writing in
accordance with the terms of his appointment.
(4) If
a member –
(a) has
been absent from meetings of the Board for a period longer than six consecutive
months without the permission of the Board;
(b) has
neglected the duties of a member;
(c) has
become bankrupt or made an arrangement with his creditors;
(d) reaches
the age of 70;
(e) becomes
a member of the States;
(f) is
incapacitated by physical or mental illness; or
(g) is
otherwise unable or unfit to discharge the functions of a member,
the Board may declare his office as a member to be vacant and shall
notify the declaration to the members in such manner as the Board thinks fit,
whereupon the office shall become vacant.
Expenses of members of Board
5. JACS shall
reimburse to the members of its Board such travelling and other expenses
actually incurred as may be determined by the Board.
Staff of JACS
6.-(1) JACS may appoint or contract for the provision
of such staff as it may determine.
(2) Appointments
made under sub-paragraph (1) shall be made on such terms as to remuneration and
other conditions of service as the Board shall determine.
(3) JACS
shall make such arrangements as it considers necessary for the payment of
pensions and associated benefits to its employees and their dependants.
Delegation
7.-(1) The Board may delegate any of the functions of
JACS under this or any other enactment wholly or partly to –
(a) the
Chairman of the Board;
(b) another
member;
(c) an
employee of JACS; or
(d) a
committee whose member or members are drawn only from the members of the Board
and employees of JACS.
(2) Nothing
in this paragraph shall authorize the Board to delegate –
(a) the
power of delegation conferred by this paragraph; or
(b) the
function of reviewing any of its decisions.
(3) The
delegation of any functions under this paragraph –
(a) shall
not prevent the performance of those functions by the Board or JACS itself; and
(b) may
be amended or revoked by the Board.
General financial provisions
8.-(1) The States may make a grant to JACS from their
annual income towards the expenses of the formation of JACS and its initial
expenses.
(2) In
respect of each financial year, the States may make a grant to JACS from their
annual income towards JACS’ expenses in performing any of its functions.
(3) The
amount of any grant referred to in sub-paragraph (1) or (2) shall be
determined by the Finance and Economics Committee on the recommendation of the
Committee made after consultation with JACS.
(4) In
determining that amount, the Finance and Economics Committee shall have regard
to the actual financial position and the projected financial position of JACS.
(5) In
making that recommendation, the Committee shall have regard to the actual
financial position and the projected financial position of JACS.
(6) JACS
may pay to –
(a) persons
appointed under Article 4 who are not employees of JACS; and
(b) arbitrators
or arbiters appointed by JACS under any enactment,
such fees and travelling and other allowances as may be specified by
the Committee by Order.
Public Finances (Administration) (Jersey)
Law 1967
9. For the
purposes of Article 8 of the Public Finances (Administration) (Jersey) Law
1967,[5] none of the monies received
by JACS shall be received on behalf of the States and JACS shall not be an
establishment under the supervision or administration of the States.
Annual report and accounts
10.-(1) JACS
shall –
(a) keep
proper accounts and proper records in relation to the accounts; and
(b) prepare
accounts in respect of each financial year and provide these to the Committee
as soon as practicable after the end of the financial year to which they
relate, but in no case later than four months after the end of that year.
(2) The
Committee shall lay a copy of the accounts so provided before the States as
soon as practicable after the Committee receives the report.
(3) The
accounts of JACS shall –
(a) be
audited by auditors appointed in respect of each financial year by the
Committee; and
(b) be
prepared in accordance with generally accepted accounting principles and show a
true and fair view of the profit or loss of JACS for the period to which they
relate and of the state of JACS’ affairs at the end of the period.
(4) Articles
113 to 113E of the Companies (Jersey) Law
1991[6] shall apply to an auditor
and his appointment as if JACS were a company within the meaning of those
Articles and the appointment were under Article 109 of that Law.
(5) JACS
shall prepare a report on its activities in each of its financial years.
(6) JACS
shall provide the Committee with the report referred to in sub-paragraph (5) as
soon as practicable after the end of the financial year to which the report
relates, but in no case later than four months after the end of that year.
(7) The
Committee shall lay a copy of the report so provided before the States as soon
as practicable after it receives the report.
Fees and Charges
11. JACS may charge, retain
and apply in the performance of its functions –
(a) fees
and charges of such amounts, paid by such persons, and paid in such a manner,
as may be specified by the Committee by Order after consultation with the
Board, by or under this or any other enactment;
(b) such
fees and charges (not consistent with this or any other enactment) of such
amounts, paid by such persons, and paid in such a manner, as may be decided by
JACS in respect of any service, item, or matter, that does not arise under this
or any other enactment; and
(c) such
fees and charges (not consistent with this or any other enactment) as may be
agreed between JACS and any person for whom JACS provides advice, assistance or
other services under this or any other enactment, in respect of the advice,
assistance or other services.
Consent to Borrowing
12.-(1) JACS
shall not borrow money without the consent of the Committee.
(2) The
Finance and Economics Committee may, on such terms as it may determine, on
behalf of the States –
(a) guarantee
the liabilities of JACS; and
(b) lend
money to JACS.
(3) The
Finance and Economics Committee may act under paragraph (2) only on the
recommendation of the Committee.
Guidelines on investment
13. JACS shall, in
investing any of its funds, comply with any guidelines specified by the
Committee.
Exemption from Income Tax
14. The income of JACS
shall not be liable to income tax under the Income Tax (Jersey) Law 1961.[7]
Limitation of liability
15.-(1) A
person or body to whom this paragraph applies shall not be liable in damages
for anything done or omitted in the performance or purported performance of any
functions of JACS conferred by or under this Law or any other enactment, or any
other functions conferred by or under this Law, unless it is shown that the act
or omission was in bad faith.
(2) This
paragraph applies to –
(a) the
States;
(b) the
Committee or the Finance and Economics Committee, any member of the Committee
or of the Finance and Economics Committee, or any person who is, or is acting
as, an officer, employee or agent of the Committee or of the Finance and
Economics Committee or performing any function on behalf of the Committee or of
the Finance and Economics Committee; and
(c) JACS,
any member of the Board, or any person who is, or is acting as, an officer,
employee or agent of JACS or the Board or performing any function on behalf of
JACS or the Board.