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Jersey Case Law

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Employment law

Ms Chloe Gray v Bon Air Nursing Home (2019) Limited

The Tribunal struck out the unfair dismissal part of Ms Gray’s claim, finding that the alleged conduct could not amount to a fundamental breach of contract.

  • Unfair dismissal
  • Strike out application
  • Constructive dismissal
  • Repudiatory breach of contract
  • Unfair-dismissal
  • Strike-out-application
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Civil procedure [2021] JRC 006

Sheyko v Consolidated Minerals Limited 13-Jan-2021

Sheyko v Consolidated Minerals Limited 13-Jan-2021 [2021] JRC 006 (13 January 2021)

The Royal Court of Jersey struck out the defendant’s answer and counterclaim after finding serious discovery breaches that deprived the plaintiff of a fair trial.

  • Discovery sanctions
  • Strike out applications
  • Constructive dismissal
  • Breach of fiduciary duty
  • Withholding of documents
  • Cross-border discovery
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Employment law [2020] JRC 185

JFSC v Mathew

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

The Jersey Royal Court allowed an appeal, holding that starting another full-time job during gardening leave was a repudiatory breach and made the constructive dismissal claim late.

  • Constructive dismissal
  • Gardening leave
  • Repudiatory breach
  • Statutory limitation periods
  • Employment-law
  • Gardening-leave
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Employment law

Julian Radcliffe v States Employment Board

The Tribunal rejected Julian Radcliffe’s constructive unfair dismissal claim, holding that the Respondent’s conduct, though clumsy and distressing, was not a repudiatory breach.

  • Constructive dismissal
  • Breach of contract
  • Mutual trust and confidence
  • Employment restructuring
  • Resignation
  • Constructive-dismissal
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Employment law

Mr Rhees Evans v Gallichan Marine Limited

The Tribunal found constructive and unfair dismissal after non-payment of January 2016 wages, and awarded notice pay, unpaid wages, and holiday pay.

  • Constructive dismissal
  • Unfair dismissal
  • Wrongful dismissal
  • Notice pay
  • Unpaid wages
  • Holiday pay
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Employment law

McBride, M.E., Mrs v Randalls Vautier Limited

The Jersey Employment Tribunal dismissed Mrs McBride’s constructive unfair dismissal claim, holding that the long hours and suspicion of dishonesty did not justify resignation.

  • Constructive dismissal
  • Unfair dismissal
  • Working hours
  • Disciplinary warning
  • Appeal before resignation
  • Constructive-dismissal
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Employment law

Surcouf v La Rocque Fisheries Limited

The Jersey Employment Tribunal held that Mr Surcouf was constructively unfairly dismissed after his employer failed for years to provide a compliant written contract.

  • Constructive dismissal
  • Unfair dismissal
  • Implied duty of trust and confidence
  • Failure to provide written contract of employment
  • Employment contract terms
  • Constructive-dismissal
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Employment law

Maina v Empire Catering Limited

The Tribunal found that Mr Maina was dismissed, not that he resigned, and held the dismissal unfair. It awarded ÂŁ4,140, including notice pay.

  • Unfair dismissal
  • Constructive dismissal
  • Continuous employment
  • Compensation calculation
  • Notice pay
  • Unfair-dismissal
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Employment law [2001] JRC 157

Rossborough v Boon

Rossborough v Boon [2001] JRC 157 (25 July 2001)

The Jersey Royal Court considered whether former insurance employees had been constructively dismissed and whether restrictive covenants in their contracts should be enforced.

  • Restraint of trade
  • Constructive dismissal
  • Employment covenants
  • Pension rights
  • Interlocutory injunctions
  • Constructive-dismissal
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.