It is widely understood that an employment contract, unless otherwise agreed, cannot be immediately terminated simply because an employer or employee has had a change of heart or perhaps a sudden desire to pack their life into a rucksack and travel the world. Notice periods (to protect both employers and employees) feature in almost all […]

A test case recently brought before the Employment Tribunal aimed to clarify the law on annual leave entitlement for employees on long-term sick leave. In its March 2013 judgment the tribunal held that staff who are unable to take statutory annual leave due to serious ill health are entitled to carry over that leave to […]

 Some small Jersey businesses are ignoring basic principles of the employment law according to a review. Darren Newman, an employment law expert, reviewed the Jersey Employment Tribunal after increasing criticism from some employers. He found overall the tribunal system was fair and consistent. But he said some small employers were “struggling with or ignoring altogether […]

No matter how strong a company’s compliance program, there is always a risk.  No matter how many times employees are trained, complete certifications and are reminded of their FCPA compliance obligations, there is always a risk.  All you have to do is look at the facts of the Morgan Stanley case which is usually cited […]

 To access the report in full and to find out more about the work of the HSI, please click here. http://www.gov.je/SiteCollectionDocuments/Working%20in%20Jersey/R%20Health%20and%20Safety%20Inspectorate%20Annual%20Report%202011%20-%2020110925%20AM.pdf Labour market report June 2012: growth in “private sector industries” On 3 October 2012, the States Statistics Unit published its six monthly review of Jersey’s labour market for the period to June 2012. Total […]

The first Chair of the Jersey Employment Tribunal, Advocate David Le Quesne, retired in 2012, as did Tribunal Member Mrs Kelly Flageul. The position of Chair was filled by the former Deputy Chair, Nicola Santos-Costa. Advocate Claire Davies joined the Tribunal as the new Deputy Chair, along with new Tribunal Members Ian Carr, Timothy Allen […]

Hughes’ employment commenced on 1 June 2011. On 6 September he was told that he had failed his probationary period and he was given 1 month’s notice, which expired on 5 October. Hughes lodged an unfair dismissal complaint in the Tribunal. He also claimed wrongful dismissal, on the basis that he should have been given […]

In 2012, the Tribunal published its first decision under the ERL. Although Maindonald v States Employment Board 147/2010 concerned the question of whether the States Employment Board had properly calculated Maindonald’s holiday entitlement, before that point could be addressed the issue was raised as to whether the complaint should be considered by the Tribunal as […]