JFSC v Mathew [2020] JRC 185 (15 September 2020)

JFSC v Mathew [2020] JRC 185 (15 September 2020)

Taking up alternative employment during gardening leave without permission is a repudiatory breach of contract, terminating the employment relationship as of the date of breach. Ms Mathew's claim for constructive dismissal was therefore lodged out of time.

Citation
[2020] JRC 185
Parties
Appellant: Jersey Financial Services Commission; Respondent: Emma Mathew
Jurisdiction
Jersey
Judgment Date
15 September 2020
Procedural Posture
Appeal / Interlocutory Decision
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Gardening Leave, Repudiatory Breach, Statutory Limitation Periods
Employment Law Constructive Dismissal Gardening Leave Repudiatory Breach Statutory Limitation Periods

Case Brief

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Parties

Jersey Financial Services Commission

Appellant

Emma Mathew

Respondent

Procedural Posture

Appeal / Interlocutory Decision

Legal Issues

  1. 1 Whether taking up alternative employment during gardening leave constitutes a repudiatory breach of contract
  2. 2 Whether the claim for constructive dismissal was lodged within the statutory time limit

Ratio Decidendi

Taking up alternative employment during gardening leave without permission is a repudiatory breach of contract, terminating the employment relationship as of the date of breach. Ms Mathew's claim for constructive dismissal was therefore lodged out of time.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed; the Tribunal's refusal to strike out Ms Mathew's claim is overturned.
  • Ms Mathew's claim for constructive dismissal is out of time; the Tribunal must consider its powers to extend the period for late claims.