CI Fire and Security -v- Browning [2008] JRC 163 (25 September 2008)

CI Fire and Security -v- Browning [2008] JRC 163 (25 September 2008)

The Tribunal has no statutory power to prosecute, convict, or fine offenders for offences under the Employment (Jersey) Law 2003; such powers are reserved for criminal courts and designated prosecuting authorities.

Citation
[2008] JRC 163
Parties
Respondent: Mr Browning; Representor: Representor (employer)
Jurisdiction
Jersey
Judgment Date
25 September 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; Tribunal's fine quashed.
Legal Topics
Tribunal Powers, Imposition of Fines, Unfair Dismissal, Written Statement of Employment Terms, Disciplinary Procedures, European Convention on Human Rights
Employment Law Criminal Law Tribunal Powers Imposition of Fines Unfair Dismissal Written Statement of Employment Terms Disciplinary Procedures European Convention on Human Rights

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Parties

Mr Browning

Respondent

Representor (employer)

Representor

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Does the Jersey Employment Tribunal have power to impose fines for offences under the Employment (Jersey) Law 2003?
  2. 2 Did the Tribunal misapply statutory requirements regarding written statements of employment terms and changes?
  3. 3 Did the Tribunal breach Article 6 ECHR rights?

Ratio Decidendi

The Tribunal has no statutory power to prosecute, convict, or fine offenders for offences under the Employment (Jersey) Law 2003; such powers are reserved for criminal courts and designated prosecuting authorities.

Court Disposition

Appeal allowed; Tribunal's fine quashed.

Orders

  • Declaration that Tribunal had no power to fine the representor £250.
  • No further orders on remaining grounds.