Employment
Relations (Jersey) Law 2007
A LAW to provide for the registration
of trade unions and employers’ associations; to make provision as to the
legal status, including the obligations and immunities, of trade unions and
employers’ associations, and their officials and members; to provide for
the resolution of collective employment disputes between employers and
employees so as to promote the development of good working relationships
between them; and for related purposes.
Commencement [see endnotes]
Part 1
INTRODUCTION
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“approved code of
practice” means a code of practice that is approved by an Order made by
the Minister in accordance with Article 25;
“collective agreement”
means an agreement that has been settled by machinery of negotiation,
mediation, conciliation or arbitration to which the parties are –
(a) an
employer, or an organization of employers that is representative of a
substantial proportion of the employers engaged in the trade or industry
concerned; and
(b) employees
who are representative of a substantial proportion of the employees engaged in
the trade or industry concerned;
“constitution”
means the rules constituting a trade union or employers’ association and
providing for its management, however those rules are described;
“employment dispute”
means –
(a) a
collective employment dispute; or
(b) an
individual employment dispute as defined in Article 1(1) of the Employment
(Jersey) Law 2003;
“Employment Forum”
has the same meaning as it has in the Employment
(Jersey) Law 2003;
“Jersey”
includes the territorial waters adjacent to Jersey;
“Jersey ship”
has the meaning given in Article 2 of the Shipping
(Jersey) Law 2002;
“Jersey Employment
and Discrimination Tribunal” and “Tribunal” mean the Jersey
Employment and Discrimination Tribunal established under Article 81 of the
Employment
(Jersey) Law 2003;
“Minister”
means the Minister for Social Security;
“prescribed”
means prescribed by Regulations;
“recognition dispute”
means a dispute that relates wholly to an issue as to whether an approved code
of practice as to the recognition of trade unions is being observed by one or
more employers, or by one or more employees, for the purposes of any matter
relating to pay, hours of work or holidays;
“register”,
when used as a noun, means the register of trade unions or the register of
employers’ associations (as the case requires) established and maintained
under Article 8(2) by the registrar;
“register”
when used as a verb, means to register under Article 10(3);
“registrar”
means the registrar of trade unions and employers’ associations appointed
under Article 8(1);
“Regulations”
mean Regulations made under this Law.[1]
(2) In
this Law, any reference to employment, or to one person being employed by
another, is a reference to –
(a) employment
which requires the employee to work wholly or mainly in Jersey; or
(b) employment
on a Jersey ship, unless –
(i) the employment is
wholly outside Jersey, or
(ii) the
employee is not ordinarily resident in Jersey.[2]
2 “Employer”
and “employee”
(1) In
this Law –
(a) “employer”
means a person who employs another person; and
(b) “employee”
means a person who is employed by an employer.
(2) For
the purposes of paragraph (1), a person is employed by another person if
the first person works for the second person under a contract of service or
apprenticeship with the second person.
(3) For
the purposes of paragraph (1), a person is also employed by another person
if the first person enters into any other contract with the second person under
which –
(a) the first person undertakes
to do, or to perform personally, work or services for the
second person;
and
(b) the status of the second
person is not that of a client or customer of any
profession or trade or business undertaking that is carried on by the first
person.
(4) It
is immaterial whether a contract to which paragraph (2) or paragraph (3)
refers is express or implied.
(5) If
the contract is express, it is immaterial whether it is oral or in writing.
3 “Trade
union”
(1) In
this Law, “trade union” means an organization that is described in
paragraph (2) or in paragraph (3).
(2) An organization is a trade union
if –
(a) it
consists wholly or mainly of employees of one or more descriptions; and
(b) its
principal purposes include the regulation of relations between employees of
that description or of those descriptions and employers or employers’ associations.
(3) An
organization is also a trade union if it consists wholly or mainly
of –
(a) constituent
or affiliated organizations that fulfil the conditions in paragraph (2),
or that themselves consist wholly or mainly of constituent or affiliated organizations
that fulfil those conditions; or
(b) representatives
of any such constituent or affiliated organizations,
and its principal purposes include the regulation of relations between
employees and employers or between employees and employers’ associations,
or the regulation of relations between its constituent or affiliated
organizations.
(4) It
is immaterial whether an organization described in paragraph (2) or in
paragraph (3) is temporary or permanent.
4 “Employers’
association”
(1) In
this Law, “employers’
association” means an organization that is described in paragraph (2)
or in paragraph (3).
(2) An
organization is an employers’ association if –
(a) it
consists wholly or mainly of employers or individual owners of undertakings of
one or more descriptions; and
(b) its
principal purposes include the regulation of relations between employers of
that description or of those descriptions and employees or trade unions.
(3) An
organization is also an employers’ association if it consists wholly or
mainly of –
(a) constituent
or affiliated organizations that fulfil the conditions in paragraph (a),
or that themselves consist wholly or mainly of constituent or affiliated
organizations that fulfil those conditions; or
(b) representatives
of any such constituent or affiliated organizations,
and its principal purposes include the regulation of relations between
employers and employees or between employers and trade unions, or the
regulation of relations between its constituent or affiliated organizations.
(4) It is immaterial whether an
organization described in paragraph (2) or in paragraph (3) is
temporary or permanent.
(5) References
in this Law to employers’ associations include combinations of employers
and employers’ associations.
5 “Collective
employment dispute”
(1) In
this Law, “collective employment dispute” means a dispute between
one or more employers and one or more employees, where –
(a) the
employee or employees concerned are represented by a trade union;
(b) a
collective agreement exists between the employer or employers and the trade
union; and
(c) the
dispute relates wholly or mainly to one or more of the matters described in
paragraph (2).
(2) The
matters to which this paragraph refers are –
(a) the
terms of employment of one or more employees;
(b) the
conditions in which one or more employees are required to work;
(c) the
engagement or non-engagement of one or more persons as employees, or the
termination or suspension of employment of one or more employees;
(d) the
termination or suspension of the duties of employment of one or more employees;
(e) the
allocation of work or the duties of employment as between employees or as
between groups of employees;
(f) matters
of discipline or grievance;
(g) the
membership or non-membership of a trade union on the part of one or more
employees;
(h) facilities
for officials of trade unions; and
(i) an
issue as to whether or not an approved code of practice is being observed by
one or more employers or by one or more employees.
(2A) In
this Law, “collective employment dispute” also means a dispute
between one or more employers and one or more employees, where –
(a) the
employee or employees concerned are represented by a trade union;
(b) the trade union is one that fulfils criteria for its recognition
that are set out in an approved code of practice; and
(c) the
dispute is a recognition dispute.[3]
(2B) However,
a recognition dispute between –
(a) an
employer who employs on average fewer than 21 employees in the period of
13 weeks immediately preceding the day on which the dispute arises; and
(b) the
trade union,
is not a collective
employment dispute.[4]
(3) A
dispute between a Minister and any one or more employees shall, notwithstanding
that the Minister is not the employer of those employees, be treated for the
purposes of this Law as a dispute between an employer and those employees if
the dispute relates –
(a) to
matters that have been referred for consideration by a joint body on which, by
virtue of any provision made by or under any enactment, that Minister is
represented; or
(b) to
matters that cannot be settled without that Minister exercising a power
conferred on that Minister by or under any enactment.[5]
(4) It
is immaterial that a dispute relates to matters occurring outside Jersey if a
person or persons whose actions in Jersey are said to be in contemplation or in
furtherance of the dispute is or are likely to be affected in respect of any
matter specified in paragraph (2) by the outcome of the dispute.
(5) A
dispute to which a trade union is a party shall be treated for the purposes of
this Law as a dispute to which employees are parties.
(6) A
dispute to which an employers’ association is a party shall be treated
for the purposes of this Law as a dispute to which employers are parties.
6 Forms
of applications
(1) If
the form of an application under this Law is prescribed, the application must
be made in that form.
(2) If
the form of an application under this Law is not prescribed, the Minister shall
approve the form in which the application may be made.[6]
(3) If
the form of an application under this Law is approved under paragraph (2),
the application must be made in that form.
(4) The
registrar shall make copies of forms of application under this Law available to
applicants on request.
PART 2
REGISTRATION OF TRADE UNIONS
AND EMPLOYERS’ ASSOCIATIONS
7 Organizations
to be registered
(1) A
trade union or employers’ association shall not do any act in furtherance
of any purpose for which the union or association is formed unless it is
registered in accordance with this Law.
(2) A
person who is an officer or member of a trade union or employers’
association shall not do any act in furtherance of any purpose for which the
union or association is formed unless it is registered in accordance with this
Law.
8 Registers
(1) The
Minister shall appoint a person as the registrar of trade unions and
employers’ associations.[7]
(2) The
registrar shall establish and maintain –
(a) a
register of trade unions; and
(b) a
register of employers’ associations.
(3) The
register of trade unions shall contain, in respect of each registered trade
union, the following information –
(a) the
name of the union;
(b) the
address of the union;
(c) the
name of each person who is an officer of the union;
(d) a
copy of the union’s constitution;
(e) such
other information as may be prescribed.
(4) The
register of employers’ associations shall contain, in respect of each
registered employers’ association, the following information –
(a) the
name of the association;
(b) the
address of the association;
(c) the
name of each person who is an officer of the association;
(d) a
copy of the association’s constitution;
(e) such
other information as may be prescribed.
(5) The
registers shall be available for public inspection during normal working hours,
free of charge, at the office of the registrar.
9 Application
for registration
(1) An
application for the registration of a trade union or employees’
association must comply with this Article.
(2) The
application may be made by, but only by –
(a) at least
7 members of the trade union or employers’ association; or
(b) an
officer of the union or association.
(3) A
person may only be an applicant if he or she is authorized by the trade union
or employers’ association to make the application.
(4) If
the application is for the registration of a trade union, it shall contain the
information specified in Article 8(3).
(5) If
the application is for the registration of an employers’ association, it
shall contain the information specified in Article 8(4).
(6) The
application shall be accompanied by a copy of the constitution of the trade
union or employers’ association, and the copy shall be verified by each
applicant.
(7) If
an application fee is prescribed, the application shall be accompanied by that
fee.
10 Determination of
application
(1) The
registrar shall refuse to grant an application for the registration of a trade
union or employers’ association if, but only if –
(a) any
of the purposes of the union or association is unlawful;
(b) the
application is not made in accordance with this Law; or
(c) the
name of the union or association is the same as the name by which any other
union or association is registered, or so nearly resembles such a name as to be
likely to mislead any person.
(2) If
the registrar refuses to grant an application for the registration of a trade
union or employers’ association, the registrar shall give each applicant
notice in writing of that decision and of the reasons for the decision.
(3) Unless
the registrar is required by paragraph (1) to refuse to grant an
application for the registration of a trade union or employers’
association, he or she shall –
(a) grant
the application;
(b) register
the union or association in the appropriate register; and
(c) issue
to the applicant or applicants a certificate of registration in the prescribed
form.
11 Amendment of
register
(1) If
in respect of a registered trade union or registered employers’
association there is any change –
(a) in
any information that is required, by paragraph (3) or paragraph (4)
of Article 8, to be contained in the register; or
(b) in
the constitution of the union or association,
an application must be
made within one month of that change, to the registrar, to amend the register
accordingly.
(2) The
application shall be made by a member or officer of the trade union or
employers’ association.
(3) A
person may only be an applicant if he or she is authorized by the trade union
or employers’ association to make the application.
(4) If
the application is made in respect of a change in the constitution of the trade
union or employers’ association, it shall be accompanied by a copy of the
constitution as so changed, and the copy shall be verified by the applicant.
(5) If
an application fee is prescribed, the application shall be accompanied by that
fee.
12 Determination of
application
(1) The
registrar shall refuse to grant an application for the amendment of the
register in respect of a trade union or employers’ association if, but
only if –
(a) the
effect of the amendment would be that any of the purposes of the union or
association are unlawful;
(b) the
application is not made in accordance with this Law; or
(c) the
effect of the amendment would be that the name of the union or association is
the same as the name by which any other union or association is registered, or
would so nearly resemble such a name as to be likely to mislead any person.
(2) If
the registrar refuses to grant an application for the amendment of the register
in respect of a trade union or employers’ association, the registrar
shall give the union or association notice in writing of that decision and of
the reasons for the decision.
(3) Unless
the registrar is required by paragraph (1) to refuse an application to
amend the register in respect of a trade union or employers’ association,
he or she shall –
(a) grant
the application;
(b) amend
the register accordingly; and
(c) if
the amendment is such as to make it appropriate to amend the certificate of
registration, issue to the union or association an amended certificate of
registration accordingly.
13 Cancellation of
registration on application of union or association
(1) On
the application of a member or officer of a trade union or employers’
association, the registrar may cancel its registration.
(2) A
person may only be an applicant if he or she is authorized by the trade union
or employers’ association to make the application.
(3) If
an application fee is prescribed, the application shall be accompanied by that
fee.
(4) If
the registrar grants the application, he or she shall give the applicant notice
in writing of the registrar’s decision.
(5) If
the registrar refuses to grant the application, he or she shall give the trade
union or employers’ association notice in writing of that decision and of
the reasons for the decision.
14 Cancellation of
registration on other grounds
(1) The
registrar shall cancel the registration of a trade union or employers
association if any of its purposes are unlawful.
(2) The
registrar may cancel the registration of a trade union or employers’
association on any of the following grounds –
(a) if
its registration has been obtained by fraud or mistake;
(b) if it
has contravened Article 11(1);
(c) if,
after the registrar has given it not less than 21 days notice in writing to comply
with a prescribed requirement, the union or association has failed to comply
with that requirement; or
(d) if it
has ceased to exist.
(3) The
registrar may under paragraph (2) cancel the registration of a trade union
or employers’ association of his or her own motion or on the application
of any person having sufficient locus standi.
(4) However,
before cancelling the registration of a trade union or employers’
association under paragraph (1), or under paragraph (2) on a ground
specified in any of sub-paragraphs (a), (b) and (c) of that paragraph, the
registrar shall –
(a) give
the union or association notice in writing of his or her proposal to do so; and
(b) afford
it a reasonable opportunity to be heard on the matter.
(5) If
(having complied with paragraph (4)) the registrar decides under paragraph (1)
to cancel the registration of a trade union or employers’ association or
decides under any of sub-paragraphs (a), (b) and (c) of paragraph (2) –
(a) to
cancel the registration of a union or association; or
(b) to
refuse to grant an application to cancel its registration,
the registrar shall give
the union or the association notice in writing of that decision and of the reasons
for the decision.
(6) If
the registrar decides under any of sub-paragraphs (a), (b) and (c) of
paragraph (2) to grant or refuse to grant an application to cancel the
registration of a trade union or employers’ association, the registrar
shall also give the applicant notice in writing of that decision and of the
reasons for the decision.
(7) A
cancellation of the registration of a trade union or employer’s
association –
(a) under
paragraph (1); or
(b) under
any of sub-paragraphs (a), (b) and (c) of paragraph (2),
shall not have effect
until the expiry of the period of 21 days following the day on which the
registrar gives the union or association notice in writing of the decision to
cancel its registration.
(8) If
a notice of an appeal against the cancellation of the registration of the trade
union or employer’s association is given within that period of
21 days, the cancellation shall not in any event have effect until the
appeal is disposed of.
15 Appeals
(1) The
following persons and bodies shall have a right of appeal under this Law to the
Royal Court –
(a) any
applicant for the registration of a trade union or employers’
association, against a refusal by the registrar under Article 10(1) to
grant the application;
(b) a
union or association, against a refusal by the registrar under Article 12(1)
to grant an application for the amendment of the register in respect of the
union or association;
(c) a
union or association, against a refusal by the registrar under Article 13(1)
to grant an application under that paragraph to cancel the registration of the
union or association;
(d) a
union or association, against a decision by the registrar under either of
paragraphs (1) and (2) of Article 14 to cancel its registration; and
(e) an
applicant under Article 14(3) for the cancellation of the registration of
a union or association, against a refusal by the registrar under Article 14(2)
to grant the application.
(2) An
appeal under this Article shall be brought within 21 days after the person or
body who has the right of appeal is given notice in writing by the registrar of
the decision to which the appeal relates.
(3) On
hearing the appeal, the Royal Court may confirm or reverse the decision of the
registrar and may make such order as it thinks fit as to the costs of the
appeal.
PART 3
STATUS OF TRADE UNIONS AND
EMPLOYERS’ ASSOCIATIONS
16 Status of trade
unions and employers’ associations
(1) If
a trade union or employers’ association is unincorporated, it is
capable –
(a) of
making contracts; and
(b) of
suing and being sued in its own name (whether in proceedings relating to
property or founded on contract, tort or any other cause of action),
but this paragraph is
subject to paragraph (4).
(2) If
a trade union or an employers’ association is unincorporated –
(a) all
property belonging to the union or association shall be vested in trustees in
trust for the union or association;
(b) proceedings
for any offence that has allegedly been committed by or on behalf of the union
or association may be brought against the union or association in its own name;
and
(c) any
judgment, order or award made in proceedings of any description that are
brought against the union or association is enforceable against the property of
the union or association.
(3) A
trade union may not be registered under the Companies
(Jersey) Law 1991 as a limited company, as defined in Article 3C
of that Law.
(4) A
trade union or employers’ association that is neither incorporated nor
registered is incapable of suing in its own name.
(5) This
Article does not apply to a trade union, or employers’ association, that
is a fidéicommis over which the Royal Court has jurisdiction by virtue
of Article 9 of the Loi
(1862) sur les teneures en fidéicommis et l’incorporation
d’associations.
17 Exclusion of
rules against restraint of trade
(1) The
purposes of a trade union or employers’ association are not, by reason
only that they are in restraint of trade, unlawful so as –
(a) to
make any member of the union or association liable to criminal proceedings for
conspiracy or for any other offence; or
(b) to
make any agreement or trust void or voidable.
(2) No
rule of a trade union or employers’ association is unlawful or
unenforceable by reason only that it is in restraint of trade.
18 Employee’s
liability for breach of contract by industrial action
(1) An
employee is not liable in damages to his or her employer for a breach of the
employee’s contract of employment consisting of –
(a) a
cessation of work;
(b) a
refusal to work; or
(c) a
refusal to work in a manner lawfully required by his or her employer,
in contemplation or
furtherance of an employment dispute.
(2) This
Article does not affect –
(a) any
right or remedy of the employer, other than a remedy specified in paragraph (1);
or
(b) any
other liability of the employee,
arising out of a breach of
a contract of employment.
19 Immunities from
liability in tort for industrial action
(1) An
act done by a person in contemplation or furtherance of an employment dispute
is not actionable in tort by reason only –
(a) that
it induces another person to break a contract or interferes or induces any
other person to interfere with its performance;
(b) that
it consists in the first person’s threatening that a contract will be
broken (whether or not it is one to which he or she is a party);
(c) that
it consists in the first person’s threatening that there will be
interference with a contract (whether or not it is one to which he or she is a
party); or
(d) that
it consists in the first person’s threatening that he or she will induce
another person to break a contract or to interfere with its performance.
(2) An
agreement or combination by 2 or more persons to do or procure the doing of any
act in contemplation or furtherance of an employment dispute is not actionable
in tort if the act is one that, if done without any such agreement or
combination, would not be actionable in tort.
(3) An
agreement or combination by 2 or more persons to do or procure the doing of any
act in contemplation or furtherance of an employment dispute is not a criminal
offence if such an act committed by one person would not be a criminal offence.
20 Limitations on
immunities from liabilities in tort
(1) Article 19
does not prevent an act done –
(a) by a
trade union or employers’ association; or
(b) by an
official of a union or association,
from being actionable in
tort if at the time of the act the union or association is not registered.
(2) Article 19
does not prevent an act done by a trade union from being actionable in tort
if –
(a) an
approved code of practice provides for the holding of a ballot of members of
the union before it does such an act; and
(b) a
ballot in respect of the doing of the act has not been held in accordance with
an approved code of practice, or a majority of those balloted do not support
the doing of the act.
(3) Article 19
does not prevent an act described in paragraph (1) of that Article from
being actionable in tort if –
(a) an
approved code of practice defines conduct that is or is not reasonable conduct
when done in contemplation or furtherance of an employment dispute; and
(b) one
of the facts relied on for the purpose of establishing liability is that the
act of the trade union constitutes conduct that, as so defined, is not
reasonable conduct.
21 Limitation of
damages
(1) In
any proceedings in tort brought against a registered trade union, the amount
which may be awarded against the union by way of damages in those proceedings
shall not exceed £10,000.
(2) Paragraph (1)
does not apply –
(a) to
any proceedings for negligence, nuisance or breach of duty, to the extent that
the proceedings are in respect of personal injury to any person; or
(b) to
any proceedings for breach of duty in connection with the ownership,
occupation, possession, control or use of moveable or immoveable property.
(3) The
States may by Regulations vary the amount specified in paragraph (1).
(4) In
this Article –
“duty” means a
duty imposed by any enactment or other rule of law; and
“personal
injury” includes any disease or impairment of a person’s physical
or mental condition.
PART 4
RESOLUTION OF COLLECTIVE
EMPLOYMENT DISPUTES
22 Jurisdiction in
respect of collective employment disputes
(1) Proceedings
may be brought before the Jersey Employment Tribunal in respect of a collective
employment dispute –
(a) with
the consent of each party to the dispute; or
(b) at
the request of any party to the dispute, in the circumstances described in
paragraph (2).
(2) The
circumstances to which this paragraph refers are –
(a) that
the body or person making the request considers that as far as is practicable
all other available procedures have been applied unsuccessfully to seek to
resolve the dispute; and
(b) that
a party to the dispute is acting unreasonably in the way in which that party is
or is not complying with an available procedure.
(3) For
the purposes of paragraph (2), a procedure is an available procedure
if –
(a) it is
a procedure for the resolution of the dispute that is contained in a collective
agreement, a relevant contract of employment or a relevant handbook for
employees;
(b) it is
a procedure for the resolution of the dispute in accordance with an approved
code of practice; or
(c) it is
a procedure for the resolution of the dispute that is otherwise established
within the trade or industry concerned by this Law or any other Law.
(4) In
deciding whether or not a party to the dispute is acting unreasonably in the
way in which that party is or is not complying with an available procedure in a
relevant handbook for employees, regard shall be had to whether or not the
handbook has been agreed by or on behalf of the parties to the dispute, but this
paragraph does not limit the generality of paragraph (2)(b).
23 Orders and
declarations in collective employment disputes
(1) On
hearing proceedings in respect of a collective employment dispute that are
brought before the Tribunal, it may make –
(a) with
the consent of each party to the dispute, an order that is binding on the
parties; or
(b) a
declaration.
(2) A
declaration under paragraph (1) may relate to any of the following
things –
(a) the
opinion of the Tribunal as to whether any party to the dispute is not observing
any relevant terms and conditions;
(b) the
interpretation of any terms and conditions of a collective agreement that are
relevant to the dispute;
(c) the
incorporation into the individual contracts of employment of the employees to
whom the dispute relates of any terms and conditions to which either of
sub-paragraphs (a) and (b) refers; or
(d) in
the case of a recognition dispute, the opinion of the Tribunal as to whether
the trade union is recognized as being entitled to conduct, on behalf of any
employee or employees, collective bargaining with the employer or employers in
respect of any matter relating to pay, hours of work or holidays.[8]
(2A) A
declaration to which paragraph (2)(d) refers may specify a method by which
collective bargaining shall be carried out, and a method so specified shall
have effect as if it were contained in a legally enforceable contract made
between the employer or employers and the trade union.[9]
(3) In
paragraph (2)(a), “any relevant terms and conditions” means –
(a) any
terms and conditions of employment that are, in the opinion of the Tribunal,
applicable to the case; or
(b) any
terms and conditions of employment that are, in the opinion of the Tribunal,
not less favourable to the employee or employees concerned than the terms and
conditions to which sub-paragraph (a) refers.
24 Incorporation of
terms and conditions into contracts of employment
(1) Where
the Tribunal makes a declaration under Article 23 that any terms and
conditions specified in the declaration are to be incorporated into the
individual contract of employment of any employee, it shall from the operative
date be a term of the contract of employment between the employer and the employee that those
terms and conditions shall be terms and conditions of the contract –
(a) until
they are varied by subsequent agreement between the parties or (with effect
from the operative date of a subsequent declaration of the Tribunal) by that
subsequent declaration; or
(b) until
different terms and conditions of employment in respect of the employee concerned are
settled through the machinery of negotiation, mediation, conciliation or
arbitration for the settlement of terms and conditions of employment in the
trade or industry or the undertaking in which the employee concerned is
employed.
(2) In
paragraph (1), “the operative date” means –
(a) the
date on which the Tribunal makes the declaration, if no other operative date is
specified in the declaration; or
(b) such
other operative date as the Tribunal may direct in the declaration, not being
earlier than the date on which the collective employment dispute to which the
declaration relates first arose.
24A Enforcement
of declaration in recognition dispute[10]
A declaration to which
Article 23(2)(d) refers –
(a) shall
have effect as if it were a legally enforceable contract made between the
parties to the collective employment dispute to which the declaration relates;
and
(b) shall
be enforceable in the Royal Court by but only by an order for specific
performance.
PART 5
OTHER PROVISIONS
25 Approval of codes
of practice
(1) The
Minister may, subject to this Article, by Order approve any code of practice
for the purposes of this Law.[11]
(2) An
approved code may in particular provide for any of the following matters, namely –
(a) the
recognition of trade unions;
(b) the
manner in which ballots of members of trade unions may be held to support the
doing of acts by unions in contemplation or furtherance of employment disputes;
(c) conduct
that is or is not reasonable conduct when done in contemplation or furtherance
of employment disputes; and
(d) recommended
procedures for the resolution of employment disputes.
(3) Before
approving a code of practice, the Minister shall publish a notice in the Jersey
Gazette –
(a) stating
that a copy of the code of practice will be available for inspection during
normal working hours, free of charge, at a place specified in the notice;
(b) specifying
a period during which it will be available for inspection (being a reasonable
period of not less than 21 days, beginning after the notice is published);
and
(c) explaining
that anyone may make representations in writing to the Minister in respect of
the code of practice at any time before the expiry of the 7 days following the
period for inspection,
and the Minister shall
make a copy of the code of practice available accordingly for inspection.[12]
(4) Before
approving the code of practice, the Minister shall also consult –
(a) the
Jersey Advisory and Conciliation Service;
(b) the
Employment Forum;
(c) the Chief
Minister, in respect of international agreements and international obligations
that relate to employment relations and are binding on Jersey; and
(d) such
other persons as the Minister considers will be affected, or representatives of
such persons.[13]
(5) The
Minister shall not proceed to decide whether or not to approve the code of
practice until the time limit under paragraph (3) for making
representations has elapsed.[14]
(6) In
deciding whether or not to approve the code of practice, the Minister shall
consider all representations made under this Article in respect of the
proposal.[15]
(7) An
Order approving a code of practice shall not come into force before the expiry
of the period of 28 days commencing on the day on which it is laid before
the States.
26 Failure to comply
with an approved code of practice
(1) A
failure on the part of any person, trade union or employers’ association
to observe any provision of an approved code of practice issued under this Law
does not of itself render that person, union or association, or any member of
the union or association, liable to any proceedings.
(2) However,
paragraph (1) is subject to Article 20(2).
(3) In
any proceedings before a court or before the Tribunal, an approved code of
practice is admissible in evidence.
(4) If
it appears to the court or the Tribunal that any provision in an approved code
of practice is relevant to any question arising in the proceedings, the court
or the Jersey Employment Tribunal shall take that provision into account in
determining the question.
27 Regulations
(1) The
States may make Regulations for any of the following purposes –
(a) prescribing
information for the purposes of paragraphs (3) and (4) of Article 8;
(b) prescribing
forms of application for the purposes of this Law;
(c) prescribing
application fees for the purposes of any of Articles 9(7), 11(5) and
13(3);
(d) prescribing
the forms of certificates of registration of trade unions and employers’
associations, for the purposes of Article 10(3);
(e) varying
the amount for the time being specified in Article 21(1);
(f) requiring
trade unions and employers’ associations to keep proper accounts of their
financial transactions and their assets and liabilities;
(g) prescribing
procedures to be applied by unions and associations for the proper control of
their accounting records, cash holdings and receipts and payments;
(h) requiring
unions and associations to have their accounts audited periodically;
(i) prescribing
qualifications for auditors for the purposes of this Law;
(j) requiring
unions and associations to deliver periodically to the registrar prescribed
returns of information;
(k) prescribing
information to be provided, periodically or otherwise, by unions and
associations to their members;
(l) providing
for any other matters that may be prescribed under any other provision of this
Law.
(2) Regulations
made under this Article may in the case of trade unions and employers’
associations also impose on any trustees of their property, in respect of such
property, the same requirements as may be imposed on unions and associations
under any of sub-paragraphs (f), (g), (h), (k) and (j) of paragraph (1).
(3) Regulations
made under this Article may provide that any contravention of a Regulation
shall be an offence, and may provide that any such offence shall be punishable
by a fine.
28 Citation
This Law may be cited as
the Employment Relations (Jersey) Law 2007.