Employment (Awards)
(Jersey) Order 2009
Made 14th September 2009
Coming into force 1st
October 2009
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 77F, 86 and 104 of
the Employment (Jersey) Law 2003[1], orders as follows –
1 Interpretation
In this Order, “Law” means the Employment (Jersey) Law
2003[2].
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 purpose of Article 86(6) of the Law is
the aggregate of –
(a) £10,000;
and
(b) the
amount specified in paragraph (2) or (3).
(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.
5 Employment
(Awards) (Jersey) Order 2005 revoked
The Employment (Awards) (Jersey) Order 2005[3] is revoked.
6 Citation
and commencement
This Order may be cited as
the Employment (Awards) (Jersey) Order 2009 and shall come into force on 1st
October 2009.
deputy i.j. gorst of st. clement
Minister for Employment and
Social Security