Wolfson -v- Trident Trust Company Ltd [2014] JRC 228 (21 November 2014)

Wolfson -v- Trident Trust Company Ltd [2014] JRC 228 (21 November 2014)

The Tribunal erred in law by reducing the compensation award to zero under Article 77F(5) as the appellant's conduct did not contribute directly to his dismissal, and any deduction under Article 77F(10) could only be modest; a 100% reduction was perverse.

Citation
[2014] JRC 228
Parties
Appellant: [Appellant Name Not Provided]; Respondent: Trident
Jurisdiction
Jersey
Judgment Date
21 November 2014
Procedural Posture
Employment Appeal / Appeal From Jersey Employment Tribunal to Royal Court
Outcome
Appeal allowed; matter remitted to Tribunal for determination of compensation.
Legal Topics
Unfair Dismissal, Redundancy, Compensation Reduction, Consultation Process, Appeal Procedure
Employment Law Unfair Dismissal Redundancy Compensation Reduction Consultation Process Appeal Procedure

Case Brief

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Parties

[Appellant Name Not Provided]

Appellant

Trident

Respondent

Procedural Posture

Employment Appeal / Appeal From Jersey Employment Tribunal to Royal Court

Legal Issues

  1. 1 Whether the Tribunal erred in law by reducing the compensation for unfair dismissal to zero under Article 77F(5) and (10) of the Employment (Jersey) Law 2003.
  2. 2 Whether the appellant's conduct contributed directly to his dismissal.
  3. 3 Whether salary paid during extended employment could be set off against compensation for unfair dismissal.

Ratio Decidendi

The Tribunal erred in law by reducing the compensation award to zero under Article 77F(5) as the appellant's conduct did not contribute directly to his dismissal, and any deduction under Article 77F(10) could only be modest; a 100% reduction was perverse.

Court Disposition

Appeal allowed; matter remitted to Tribunal for determination of compensation.

Orders

  • The Tribunal's 100% reduction of compensation is set aside.
  • The case is remitted to the Tribunal to determine the appropriate compensation in accordance with the ruling.