Helen Ruelle, Will Austin-Vautier, Laura Shirreffs, and Kate Morel (Lexology): Jersey: employment law update (September 9, 2021)

Helen Ruelle, Will Austin-Vautier, Laura Shirreffs, and Kate Morel, of Ogier, have made available for download their article “Jersey: employment law update”, published on Lexology. The article begins as follows:

In the recent appeal decision of the Royal Court of Jersey,(1) the Deputy Bailiff, Robert McRae (QC), commented that the practice of publishing all of the decisions of the Jersey Employment and Discrimination Tribunal (the tribunal) “require[d] some further thought”.

In postscript comments, the Deputy Bailiff referred to his understanding that, upon the tribunal’s inception, one of its aims had been to establish a significant body of case law, which he considered had now been achieved.

In the present case, the tribunal penalised the appellant employer, unaware that a claim for unpaid wages had already been paid to the satisfaction of the former employee.

The Deputy Bailiff commented that consideration needs to be given as to whether all decisions of the tribunal need to be published and, if so, the extent to which, if at all, they can or ought to be anonymised. It will be interesting to see whether these comments are taken forward by those responsible for legal system reform in Jersey. A range of issues may need to be considered, potentially including human rights and data protection. Certain rules regarding judgments of the tribunal relating to privacy and restrictions on disclosure are already provided for by the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016. The publication of court and tribunal judgments are considered by many legal systems to be a fundamental facet of citizens’ access to justice. On the other hand, many judgments of the tribunal do not deal with novel points of law and address well-established principles and minor technical breaches of the law.

Click here to see the full article: “Jersey: employment law update”

Posted by Marin Larkin, Associate Editor, Wealth Strategies Journal.

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