Helm Trust -v- Chatfield [2013] JRC 060 (15 March 2013)

Helm Trust -v- Chatfield [2013] JRC 060 (15 March 2013)

The 4th November agreement was a valid and binding variation of the original contract of employment, expressly providing that remuneration would cease as at 31st December 2010. There was no vitiating factor such as duress. The Tribunal erred in law by ignoring the effect of this agreement and awarding notice pay beyond that date.

Citation
[2013] JRC 060
Parties
Appellant: Helm; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
15 March 2013
Procedural Posture
Employment Appeal / Appeal From Jersey Employment Tribunal Decision Dated 9th October 2012
Outcome
appeal allowed; Tribunal decision quashed
Legal Topics
Variation of Employment Contract, Notice Pay, Termination of Employment, Duress, Remuneration Agreements
Employment Law Contract Law Variation of Employment Contract Notice Pay Termination of Employment Duress Remuneration Agreements

Case Brief

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Parties

Helm

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Jersey Employment Tribunal Decision Dated 9th October 2012

Legal Issues

  1. 1 Whether the 4th November agreement validly varied the respondent's entitlement to notice pay under the original contract of employment
  2. 2 Whether the respondent was entitled to remuneration after 31st December 2010
  3. 3 Whether the 4th November agreement was entered into under duress

Ratio Decidendi

The 4th November agreement was a valid and binding variation of the original contract of employment, expressly providing that remuneration would cease as at 31st December 2010. There was no vitiating factor such as duress. The Tribunal erred in law by ignoring the effect of this agreement and awarding notice pay beyond that date.

Court Disposition

appeal allowed; Tribunal decision quashed

Orders

  • The respondent is not entitled to any salary under his contract of employment after 31st December 2010.