Newtel Limited -v- Devaney [2013] JRC 189 (26 September 2013)

Newtel Limited -v- Devaney [2013] JRC 189 (26 September 2013)

A fair-minded and informed observer would consider there is a real possibility of bias where the Chairman's spouse is a partner in the law firm representing a party, as this creates a direct pecuniary interest. The Chairman must recuse herself to maintain the appearance and reality of impartiality, regardless of whether fees are contingent on the outcome. The doctrine of necessity does not apply as further Deputy Chairmen can be appointed, even if this causes delay.

Citation
[2013] JRC 189
Parties
Representor: Law At Work (Channel Islands) Limited; Respondent: Mr Devaney
Jurisdiction
Jersey
Judgment Date
26 September 2013
Procedural Posture
Employment Tribunal Appeal / Appeal Against Refusal to Recuse Tribunal Chairman
Outcome
Appeal allowed; Chairman ordered to recuse herself
Legal Topics
Judicial Recusal, Apparent Bias, Impartial Tribunal, Human Rights Compliance, Employment Tribunal Procedure
Employment Law Judicial Ethics Human Rights Judicial Recusal Apparent Bias Impartial Tribunal Human Rights Compliance Employment Tribunal Procedure

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Parties

Law At Work (Channel Islands) Limited

Representor

Mr Devaney

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Refusal to Recuse Tribunal Chairman

Legal Issues

  1. 1 Whether the Chairman of the Employment Tribunal should recuse herself due to her husband's partnership in the law firm representing a party
  2. 2 Whether the Tribunal as constituted is compliant with Article 6 ECHR and the Human Rights (Jersey) Law 2000
  3. 3 Whether the doctrine of necessity applies where there is an appearance of bias

Ratio Decidendi

A fair-minded and informed observer would consider there is a real possibility of bias where the Chairman's spouse is a partner in the law firm representing a party, as this creates a direct pecuniary interest. The Chairman must recuse herself to maintain the appearance and reality of impartiality, regardless of whether fees are contingent on the outcome. The doctrine of necessity does not apply as further Deputy Chairmen can be appointed, even if this causes delay.

Court Disposition

Appeal allowed; Chairman ordered to recuse herself

Orders

  • The Chairman of the Employment Tribunal must recuse herself from the current proceedings involving Law At Work (Channel Islands) Limited and Mr Devaney.
  • If the respondent undertakes not to instruct Messrs Collas Crill, the Chairman may preside; otherwise, she cannot.