Tribunal, individual and collective disputes

Guidance note 7 to the EMPLOYMENT (JERSEY) LAW 2003

This statement is intended to explain to employers and employees the principal requirements of the Law. It is not intended to cover all the requirements of the Law, nor does it represent a statement of the Law. Any reference to male persons in the statement should be read as including, or being, female persons where this is appropriate.

Individual and Collective Disputes and the Tribunal (part 9 Articles 81 to 95)

1. An employment dispute may be referred to the Jersey Employment Tribunalwhether or not it has first been referred to JACS for conciliation. Such reference may be made by any party to the dispute.

2. The Tribunal may deal with a collective dispute (except where an arbitration award has been made under the JACS Law) that relates to whether an employer should observe the recognized terms and conditions of employment.

3. The Tribunal may deal with an individual dispute, in accordance with laws in force, except where:

a. The dispute has been subject to an arbitration award in accordance with the JACS law.

b. A claim for personal injuries is included.

c. A claim for breach of contract in respect of any of the following is included:

i. R equirements to provide or obligations in respect of living accommodation relevant to either party

ii. I ntellectual property

iii. O bligations of confidence

iv. C ovenants in restraint of trade

4. If the Tribunal concludes that there are recognized terms and conditions applicable to the case that are not being observed by the employer or employee, it may require either party to observe those terms.

Tribunal proceedings (Articles 90 and 91)

5. In Tribunal proceedings:

a. A person may represent himself or be represented by any person whom he wishes.

b. W itnesses may attend or be summonsed to attend and give evidence on oath.

c. Disclosure of any relevant document (including those in electronic form) to the Tribunal may be required.

d. Tribunal hearings will normally be held in public, but the Tribunal may decide to sit in private in certain circumstances.

e. Awards for costs or expenses may be made, subject to Regulations.

f. Persons appearing before the Tribunal are subject to the same contempt of court regulations as if they were appearing before the Royal Court. Offenders are liable to a fine and/or to a maximum term of imprisonment of 2 years.

Appeals (Article 94)

6. a. An appeal on a question of law may be made to the Royal Court, with the permission of the Tribunal or of the Royal Court.

b. If the Tribunal decides that a claim or application is vexatious, then there is no right of appeal.

Further advice or information and copies of this and other guidance notes may be obtained from the Jersey Advisory and Conciliation Service in person or by telephoning (01534) 730503; fax (015434) 733942; email jacs@jacs.org.je; www.jacs.org.je Copyright restrictions are waived on this document and it may be copied providing that the content is not altered in any way.

Djw/jacs/8 March 2005