Jersey Judgment

Mr James O’Brien v States Employment Board

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Professional case brief

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Source document

01

Holding and result

The tribunal held that the applicant’s contract of employment was frustrated on 20 April 2010, the date of his imprisonment/sentence, not on 15 February 2010. He was therefore entitled to normal remuneration up to 20 April 2010.

Court disposition

Application determined; contract found frustrated on 20 April 2010; monetary orders made but later noted as already satisfied.

Orders

  • Respondent to pay £10,594.39 for salary from 13 December 2009 to 20 April 2010.
  • Respondent to pay £1,496.97 for holiday and bank holiday pay.
  • Total ordered: £12,081.36.

02

Material facts

Parties

Mr James O’Brien

Applicant Counsel: represented himself

States Employment Board

Respondent Counsel: Mrs Roberts, States of Jersey Law Officers’ Department

Amounts and remedies

  • Salary From 13 December 2009 to 20 April 2010: GBP 10,594.39
  • Holiday and Bank Holiday Pay: GBP 1,496.97
  • Total: GBP 12,081.36

03

Procedural history

  1. Posture

    Unfair Dismissal Claim; Application by Respondent to Strike Out / Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant’s claim was based on the contention that the contract of employment was frustrated.
Respondent
The respondent applied to strike out the unfair dismissal claim, contending that the contract had been frustrated by the applicant’s absence and inability to perform his contract; it initially asserted frustration from 15 February 2010 but conceded that the correct date was 20 April 2010.

05

Court’s reasoning

  1. 01

    Tribunal decision

    Imprisonment of an employee may frustrate a contract of employment.

06

Ratio, limits and disposition

Ratio decidendi

The tribunal held that the applicant’s contract of employment was frustrated on 20 April 2010, the date of his imprisonment/sentence, not on 15 February 2010. He was therefore entitled to normal remuneration up to 20 April 2010.

Obiter and limits

  • The chairman noted that the respondent conceded the frustration date should be 20 April 2010.
  • The tribunal recorded that the awarded sums had already been paid, so no further payment was due and the case was concluded.

Court disposition

Application determined; contract found frustrated on 20 April 2010; monetary orders made but later noted as already satisfied.

  • Respondent to pay £10,594.39 for salary from 13 December 2009 to 20 April 2010.
  • Respondent to pay £1,496.97 for holiday and bank holiday pay.
  • Total ordered: £12,081.36.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

In the Jersey Employment Tribunal IN THE MATTER:

BETWEEN Mr James O’Brien

APPLICANT AND States Employment Board

RESPONDENT

HEARING Before: Mr D Le Quesne, Chairman Dated: 10th December 2010 Representation: Applicant: Mr James O’Brien, Represented himself Respondent: States Employment Board, Represented by Mrs Roberts, States of Jersey Law Officers’ Department 1 This is an application by the respondent to strike out the applicant’s claim for unfair dismissal. The applicant is based upon the contention that the contract of employment was frustrated. 2 The applicant was arrested and held in prison pending trial on a criminal charge. On 20th April 2010 he was sentenced on the basis of his guilty plea to twelve months imprisonment. On 15th February 2010, whilst the applicant was in custody on remand the respondent wrote to him “I must therefore inform you that due to your continuing absence from the Health and Social Services Department, and consequential inability to perform to the terms of your contract, you are therefore deemed to have frustrated your contract of employment which is therefore considered terminated with immediate effect.” 3 I am grateful to Mrs Roberts for the authorities and the written submissions which she provided to me. I am satisfied that imprisonment of an employee may frustrate a contract of employment. 4 During the hearing I told Mrs Roberts that her main task was to persuade me that the date when the contract was frustrated was 15th February, rather than the date of

imprisonment, 20th April. Mrs Roberts took instructions and helpfully conceded that the date of frustration of the contract should be 20th April. 5 My decision therefore is that the contract of employment was frustrated on 20th April 2010, and consequentially Mr O’Brien is entitled to his normal remuneration up to that date. I order the respondent to pay to the applicant £10,594.39 for salary from 13th December 2009 to 20th April 2010, and £1,496.97 for holiday and bank holiday pay. Total £12,081.36. Since issuing this judgment in draft I have been informed that these payments have been made, so no further payment is due and this case now has concluded. Signed: Dated: 14th January 2011 Mr D Le Quesne Chairman

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