Jersey Gems v McMurray [2021] JRC 194 (22 July 2021)

Jersey Gems v McMurray [2021] JRC 194 (22 July 2021)

The Tribunal erred in law by failing to apply the correct test for setting aside a default judgment. Applying the proper test, the appellant had a complete defence to most claims, acted promptly, and no serious injustice would result to the respondent. The original judgment was set aside and a reduced award ordered.

Citation
[2021] JRC 194
Parties
Claimant: Cheyenne McMurray; Respondent: Chenny Aouane Jersey Gems
Jurisdiction
Jersey
Judgment Date
22 July 2021
Procedural Posture
Employment Appeal / Judgment on Appeal From Tribunal
Outcome
appeal allowed; original Tribunal judgment set aside
Legal Topics
Unpaid Wages, Employment Terms, Itemised Pay Statements, Default Judgment, Setting Aside Judgment
Employment Law Unpaid Wages Employment Terms Itemised Pay Statements Default Judgment Setting Aside Judgment

Case Brief

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Parties

Cheyenne McMurray

Claimant

Chenny Aouane Jersey Gems

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in law by failing to apply the correct test for setting aside a default judgment
  2. 2 Whether the respondent provided sufficient employment terms and itemised pay statements as required by law
  3. 3 Whether compensation awarded was appropriate given the facts

Ratio Decidendi

The Tribunal erred in law by failing to apply the correct test for setting aside a default judgment. Applying the proper test, the appellant had a complete defence to most claims, acted promptly, and no serious injustice would result to the respondent. The original judgment was set aside and a reduced award ordered.

Court Disposition

appeal allowed; original Tribunal judgment set aside

Orders

  • Appellant to pay Respondent £558.52 within seven days