Jersey Judgment

Antonio Albuquerque v Barqueiro Restaurant Limited

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Tribunal found that both sides had flagrantly failed to comply with the Tribunal’s orders, had not notified the Tribunal of the breaches or sought an adjournment, and had wasted the Tribunal’s and interpreter’s time. In those circumstances, the Tribunal considered it appropriate to strike out both the Claimant’s claims and the Respondent’s counterclaim.

Court disposition

Claims and counterclaim struck out for non-compliance with Tribunal orders.

Orders

  • The Claimant’s claims are struck out.
  • The Respondent’s counterclaim is struck out.

02

Material facts

Parties

ANTONIO ALBUQUERQUE

Claimant Counsel: Sandra Dickinson

BARQUEIRO RESTAURANT LIMITED

Respondent Counsel: Samuel Pinto

Amounts and remedies

  • Claim Form Date: 1
  • Hearing Date: 29
  • CMH Date: 25

03

Procedural history

  1. Posture

    Employment and Discrimination Tribunal Claim and Counterclaim / Judgment After Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
The Claimant claimed unfair dismissal, notice pay and unpaid wages. At the hearing, Ms Dickinson said the Claimant had tried to send further information to Mr Pinto, but the email had been blocked. She also indicated the Claimant was abroad and struggling to access the video link.
Respondent
The Respondent alleged the Claimant resigned without notice and counterclaimed for monies lost because of that. Mr Pinto denied that he had blocked the Claimant’s email.

05

Court’s reasoning

  1. 01

    Article 25 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016

    The Tribunal may on its own initiative strike out all or part of a claim for non-compliance with Tribunal orders.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that both sides had flagrantly failed to comply with the Tribunal’s orders, had not notified the Tribunal of the breaches or sought an adjournment, and had wasted the Tribunal’s and interpreter’s time. In those circumstances, the Tribunal considered it appropriate to strike out both the Claimant’s claims and the Respondent’s counterclaim.

Obiter and limits

  • The claim of unfair dismissal was rejected at an earlier stage because the Claimant did not have one year’s service as required by article 73(1) of the Employment (Jersey) Law 2003.

Court disposition

Claims and counterclaim struck out for non-compliance with Tribunal orders.

  • The Claimant’s claims are struck out.
  • The Respondent’s counterclaim is struck out.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

IN THE JERSEY EMPLOYMENT AND DISCRIMINATION TRIBUNAL

BETWEEN

ANTONIO

ALBUQUERQUE

CLAIMANT

AND

BARQUEIRO

RESTAURANT LIMITED

RESPONDENT

JUDGMENT Reference: [2023] TRE 85 Hearing date: 29 November 2023 Before: Dr E Moran Appearance: For the Claimant: Sandra Dickinson For the Respondent: Samuel Pinto

JUDGMENT The claims and counterclaim are struck-out for non-compliance with Tribunal orders.

REASONS 1. The Claimant submitted a Claim Form on 1 May 2023 claiming unfair dismissal, notice pay and unpaid wages. The claim of unfair dismissal was rejected because the Claimant did not have one year’s service as required by article 73(1) of the Employment (Jersey) Law 2003.

2. The Respondent filed a Response Form on 30 May 2023 alleging that the Claimant resigned without notice. The Respondent brought a counterclaim for monies lost because of the Claimant leaving without notice.

3. There was a Case Management Hearing on 25 September 2023. The Claimant did not attend but was represented by Ms Dickinson. Orders were made to take the case up to a final hearing including orders for the provision of further information by both parties by 16 October 2023, disclosure by 30 October 2023, exchange of witness statements by 13 November 2023 and the Claimant to file bundles with the Tribunal by 22 November 2023.

4. No bundles were filed with the Tribunal by 22 November 2023. On 28 November 2023 Ms Dickinson attended the Tribunal with some pieces of paper and was asked to go away and prepare proper bundles.

5. No bundles had been filed by the Claimant at the start of the hearing at 10 am on 29 November 2023. Samuel Pinto attended the hearing on behalf of the Respondent. Ms Dickinson attended on behalf of the Claimant. A Portuguese translator attended via video. The Claimant was abroad. Despite being sent a link by email the previous day the Claimant did not attend the hearing via video. Ms Dickinson said the Claimant was on the phone in his car and was struggling to access the link.

6. It transpired that neither side had complied with any of the orders: - (i) No further information had been provided by either side. Ms Dickinson said that the Claimant had tried to send an email to Mr Pinto with the information, but Mr Pinto had blocked the email. Mr Pinto denied this. (j) No disclosure had taken place. (k) No witness statements had been exchanged. (l) Ms Dickinson had some paperwork with her but no bundles.

7. Article 25 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016 states that the Tribunal can on its own initiative strike-out all or part of a claim for non-compliance with Tribunal orders.

8. There has been a flagrant flouting of the Tribunal orders by both sides and neither side considered it necessary to appraise the Tribunal of the breaches or to apply for an adjournment with the result that the time of the Tribunal and the interpreter have been wasted. In the circumstances I consider it appropriate to strike-out both the Claimant’s claims and the Respondent’s counterclaim. Dr E Moran, Chairman 1 December 2023

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

[2023] TRE 85

Case cited

article 73(1) of the Employment (Jersey) Law 2003

Legislation

Legislation referenced in the available case record.

Article 25 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016

Legislation

Legislation referenced in the available case record.

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