(Jersey) Order 2009
In this Order,
“Law” means the Employment
(Jersey) Law 2003.
of weekly pay
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 –
modifications of that Schedule in paragraphs (2), (3), (4), and (5) of
this Article; and
(b) paragraph (6)
of this Article.
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.
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.
date to which this paragraph refers is the date on which notice would have been
given if –
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
notice had expired on the effective date of termination,
whether or not those
conditions were in fact fulfilled.
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.
the purposes of this Order, “pay” includes, in addition to basic
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
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
but does not include any
other allowance or benefit in kind.
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.
award by Tribunal
amount that is prescribed for the purposes of Article 86(6) of the Law is
the aggregate of –
amount specified in paragraph (2) or (3); and
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,
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
being a payment of an amount described in sub-paragraph (b).
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.
the Tribunal makes an award under Article 77E(3) of the Law –
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
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
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.
This Order may be cited as the Employment (Awards) (Jersey)