Jeanne v Jersey Telecoms [2008] JRC 222 (19 December 2008)

Jeanne v Jersey Telecoms [2008] JRC 222 (19 December 2008)

Plaintiff's claim for unfair dismissal based on English statutory law is unsustainable under Jersey law; only the claim for employer's pension contributions raises a question fit for determination.

Citation
[2008] JRC 222
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
19 December 2008
Procedural Posture
Appeal / Appeal Against Master's Refusal to Strike Out Claim
Outcome
Appeal allowed in part; plaintiff's claim for unfair dismissal struck out; only pension contribution claim survives.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Breach of Contract, Pension Contributions
Employment Law Contract Law Unfair Dismissal Wrongful Dismissal Breach of Contract Pension Contributions

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Appeal / Appeal Against Master's Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether the plaintiff has a cause of action for unfair dismissal under Jersey law
  2. 2 Whether English statutory law applies to the contract
  3. 3 Whether the plaintiff is entitled to employer's pension contributions under the contract

Ratio Decidendi

Plaintiff's claim for unfair dismissal based on English statutory law is unsustainable under Jersey law; only the claim for employer's pension contributions raises a question fit for determination.

Court Disposition

Appeal allowed in part; plaintiff's claim for unfair dismissal struck out; only pension contribution claim survives.

Orders

  • Strike out all claims except for employer's pension contributions under the Occupational Pension Scheme.