Jersey Employment and Discrimination Tribunal

Similar documents
Train v DTE Business Advisory Services Ltd & Associated Companies (t/a DTE Chartered Accountants and others) and another

Government crackdown on employing illegal immigrants

Upper Tribunal (Immigration and Asylum Chamber) PA/02086/2017 THE IMMIGRATION ACTS

Before: LORD JUSTICE SULLIVAN and - THE UNIVERSITY OF MANCHESTER

The Panel found Dr Brew s fitness to practise was impaired and determined to erase his name from the Register.

THE IMMIGRATION ACTS. Promulgated On 17 th March 2015 On 23 rd March 2015 Prepared on 17 th March Before DEPUTY UPPER TRIBUNAL JUDGE WOODCRAFT

Jersey Employment and Discrimination Tribunal. Annual Report 2017

HEARING DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

CONSEIL DE L EUROPE COUNCIL OF EUROPE

FINAL NOTICE. i. imposes on Peter Thomas Carron ( Mr Carron ) a financial penalty of 300,000; and

THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT

THE IMMIGRATION ACTS. On 28 November 2006 On 27 February Before

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 4 th April 2018 On 17 th April Before

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE WOODCRAFT. Between. MR SULEMAN MASIH (Anonymity order not made) and

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

IN THE EMPLOYMENT RELATIONS AUTHORITY AUCKLAND [2012] NZERA Auckland

Upper Tribunal (Immigration and Asylum Chamber) IA/42299/2013 THE IMMIGRATION ACTS. Promulgated On 10 February 2016 On 29 February 2016.

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

THE IMMIGRATION ACTS. Promulgated On 9 July 2014 On 9 July Before. Deputy Upper Tribunal Judge Pickup Between

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 13 November 2017 On 28 December Before

THE IMMIGRATION ACTS. Heard at Columbus House, Newport Sent to parties on: On 3 April 2017 On 23 May Before DEPUTY UPPER TRIBUNAL JUDGE L MURRAY

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE CHAMBERLAIN. Between AASTHA JOSHI SWADHIN BATAJOO (ANONYMITY DIRECTION NOT MADE) and

THE IMMIGRATION ACTS. On 08 May 2017 Before DEPUTY UPPER TRIBUNAL JUDGE BIRRELL Between HAITHAM GHAZI FAISAL AL-ZIAYYIR (ANONYMITY DIRECTION NOT MADE)

IN THE EMPLOYMENT RELATIONS AUTHORITY CHRISTCHURCH [2018] NZERA Christchurch

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 26 th February 2016 On 19 th April Before

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

REAL ESTATE AGENTS AUTHORITY (CAC20003) ACTIVE REAL ESTATE LIMITED (TRADING AS HARCOURTS JOHNSONVILLE)

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE MONSON. Between MR MUNIR AHMED (ANONYMITY DIRECTION NOT MADE) and

IN THE EMPLOYMENT COURT CHRISTCHURCH [2010] NZEMPC 144 CRC 25/10. DEREK WAYNE GILBERT Applicant

THE IMMIGRATION ACTS. Before DEPUTY JUDGE OF THE UPPER TRIBUNAL CHANA. Between. MR JOWEL AHMED (Anonymity direction not made) and

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE JUSS. Between. and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT DECISION AND REASONS

EMPLOYMENT APPEALS TRIBUNAL. EMPLOYEE - claimant UD1355/09 MN1347/09

ADVOCACY IN MEDIATION: WHAT IS ITS ROLE? WHAT ARE ITS LIMITS? by Robert Angyal SC

SEVENTY-THIRD SESSION

Upper Tribunal (Immigration and Asylum Chamber) Appeal Numbers: IA/36145/2014 IA/36155/2014 IA/36157/2014 IA/36156/2014 THE IMMIGRATION ACTS

THE IMMIGRATION ACT. Heard at Field House Decision & Reasons Promulgated On 8 th February 2018 On 23 rd February Before

THE IMMIGRATION ACTS. On 18 January 2016 On 18 February Before UPPER TRIBUNAL JUDGE STOREY. Between MR ZULFIQAR ALI KHAN MRS SYEDA MASOOMA ZAIDI

Decision of the Dispute Resolution Chamber

APPEAL REGULATIONS APPEAL REGULATIONS

VAT nature of business were taxable supplies made?- no decisions to refuse input tax claims and de-register Appellant for VAT purposes confirmed.

IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 68 EMPC 248/2015. MATTHEW PHILLIPS Defendant

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CRAIG. Between MR ABDUL KADIR SAID. and. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent

Heard at Field House ST (Corroboration Kasolo) Ethiopia [2004] UKIAT On 20 April 2004 Prepared 20 April 2004 IMMIGRATION APPEAL TRIBUNAL

Upper Tribunal (Immigration and Asylum Chamber) HU/05081/2017 THE IMMIGRATION ACTS

Jersey Employment and Discrimination Tribunal

ALBON ENGINEERING AND MANUFACTURING LIMITED. - and - Sitting in public at the Royal Courts of Justice, Strand, London WC2A 2LL on 16 June 2017

THE IMMIGRATION ACTS. Promulgated On 10 March 2015 On 29 May Before UPPER TRIBUNAL JUDGE DEANS. Between

Upper Tribunal (Immigration and Asylum Chamber) HU/06395/2016 THE IMMIGRATION ACTS

Events: protecting your business from the inside out. next: Sickness absence or Holiday? In this edition. the latest in employment law November 2009

R (oao Hourhope Limited) v Shropshire County Council [2015] EWHC 518 (Admin).

MH (pending family proceedings-discretionary leave) Morocco [2010] UKUT 439 (IAC) THE IMMIGRATION ACTS. Before SENIOR IMMIGRATION JUDGE JARVIS

Mr S complains about Bar Mutual Indemnity Fund Limited s decision to withdraw funding for his claim.

IMMIGRATION APPEAL TRIBUNAL

THE IMMIGRATION ACTS

Employer Liability for Disability Benefits Arising During the Notice Period

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 4 December 2017 On 22 January Before UPPER TRIBUNAL JUDGE BLUM

]3i Ilia~ I5p. CF DECISION OF THE SOCIAL SECURITY COMMISSIONER. LD rf ~-.Q. 3 My formal decision, in place of that of the tribunal is:

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

HEARING HEARD IN PUBLIC

Management liability employment practices liability Policy wording

BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL. An Appeal under Section 111 of the Real Estate Agents Act Appellant

World Bank Administrative Tribunal. No Andrew Noel Jones, Applicant. International Bank for Reconstruction and Development, Respondent

REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT

B. (No. 2) v. Global Fund to Fight AIDS, Tuberculosis and Malaria

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE M A HALL. Between LIDIJA DESPOTOVIC ANDJELA DESPOTOVIC (ANONYMITY ORDER NOT MADE) and

JUDGMENT (HELD AT CAPE TOW N)

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG AGRICULTURAL RESEARCH COUNCIL

1. Miss Conroy was a registered Associate Member of the Chartered Institute of Management Accountants (CIMA). Your CIMA Contact ID is 1-GN41.

Income tax pensions late notification of claim for enhanced protection whether reasonable excuse on the facts, yes appeal allowed.

2 of 9 20/10/ :26

First-tier tribunal for Scotland (Housing and Property Chamber) STATEMENT OF DECISION: Property Factors (Scotland) Act 2011, section 19(1)(a).

HEARING DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS. Heard on: Monday 26 March 2018 to Tuesday 27 March 2018

HEARING DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

ASYLUM AND IMMIGRATION TRIBUNAL

THE IMMIGRATION ACTS. Promulgated On 24 September 2014 On 6 October Before DEPUTY UPPER TRIBUNAL JUDGE MONSON. Between. and

REDUNDANCY OR UNFAIR DISMISAL?

THE IMMIGRATION ACTS. On 13 June 2013 On 24 June 2013 Prepared: 14 June Before UPPER TRIBUNAL JUDGE O CONNOR. Between

BETWEEN DECISION. The names and identifying details of the parties in this decision have been changed.

F. R. (No. 6) v. UNESCO

BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL. Appellant. THE REAL ESTATE AGENTS AUTHORITY Respondent

World Bank Administrative Tribunal. No Bonaventure Mbida-Essama, Applicant. International Bank for Reconstruction and Development, Respondent

DEPUTY UPPER TRIBUNAL JUDGE WOODCRAFT. Between

IN THE COURT OF APPEAL KENNETH HARRIS. and SARAH GERALD

Category Scottish Further and Higher Education: Higher Education/Plagiarism and Intellectual Property

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE MONSON. Between SILVESTER AKSAMIT (ANONYMITY DIRECTION NOT MADE) and

Claim Example. Directors & Officers Liability. Claims from Employees

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

ADMISSIONS AND LICENSING COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

Likely cost of using our services in unfair and wrongful dismissal claims in the employment tribunals.

TC03404 [2014] UKFTT 265 (TC) Appeal number: TC/2013/04146 & TC/2013/09390

FIRST SUPERVISORY NOTICE

Arbitration CAS 2007/A/1367 FC Metallurg v. Leo Lerinc, award of 14 May Panel: Mr Otto de Witt Wijnen (the Netherlands), Sole Arbitrator

THE IMMIGRATION ACTS. On 14 August 2015 On 19 August Before DEPUTY UPPER TRIBUNAL JUDGE FROOM. Between S E Y (ANONYMITY DIRECTION MADE) and

THE IMMIGRATION ACTS. On 6 July 2015 On 22 July 2015 Prepared on 7 July Before DEPUTY UPPER TRIBUNAL JUDGE JM HOLMES.

SRA Transparency Rules and Pricing Information

Upper Tribunal (Immigration and Asylum Chamber) PA/02026/2017 THE IMMIGRATION ACTS

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE KELLY. Between (1) MRS ROMUALOA AMAEFULE (2) MR NAPOLEON AHAMAEFULE AMAEFULE.

- and - TRIBUNAL: JUDGE PHILIP GILLETT CHRISTOPHER JENKINS. The Appellant appeared in person, assisted by Mrs Stacey Walker, tax adviser

Transcription:

Jersey Employment and Discrimination Tribunal Employment (Jersey) Law 2003 NOTIFICATION OF THE TRIBUNAL S JUDGMENT This award, (subject to the right of appeal to the Royal Court, as set out in the Law) is legally binding and is the final decision of the Tribunal. Each party, if applicable, is responsible for establishing their liabilities with regard to Social Security and Income Tax payments. Reference: Applicant: Respondent: [2017] TRE100 Dawn Whitcombe RM Tiago Limited t/a Sam s Bakery Hearing Date: 15 August 2017 Before: Advocate Mike Preston, Deputy Chairman Representation: The Applicant: The Respondent: In person Mr Samuel Pinto JEDT Judgment 1

THE TRIBUNAL S JUDGMENT 1. On 26 June 2017, the Claimant filed a complaint at the Tribunal that the Respondent had unfairly dismissed her; dismissed her in breach of contract without notice; made unlawful deductions from her wages; failed to pay wages due to her; failed to pay her holiday pay that was due; and, failed to provide her with itemized pay slips. It became apparent that the claim for unpaid wages was a duplication of the claim for compensation for unfair dismissal and so this aspect of the claim was not pursued. 2. On 28 June 2017, the Tribunal sent a letter to the Respondent enclosing a copy of the Claimant s JET1 form and an Employer s Response Form (JET2). The Respondent was required to complete and return the Response Form by 18 July 2017 if it intended to defend the complaint. 3. The Respondent made no application for an extension of time to file the Response Form under Article 11 of the Employment and Discrimination Tribunal (Procedure) Order 2016 ( Procedure Order ). The Respondent did not return the Response Form as required and the Tribunal therefore deems the Claimant s complaint to be uncontested. 4. In accordance with Article 12 of the Procedure Order, a Hearing was convened before the Deputy Chairman sitting alone today. 5. Written directions dated 27 July 2017 were sent to the parties on 28 July 2017. In accordance with Article 12(3) of the Procedure Order, the Respondent was advised that it could only participate in the Hearing with the express permission of the Chairman or a Deputy Chairman. The Respondent was advised that if it wished to participate in any capacity in the hearing it must make written submissions to the Tribunal in this regard. No such written representations were made but Mr Pinto of the Respondent attended the Hearing. JEDT Judgment 2

6. The Deputy Chairman heard from Mr Pinto as to why no representations had been made. Mr Pinto s position was that he had lost a great deal of money due to the failure of his business venture and he expressed himself to be too tired to deal with this matter. It was apparent that the Respondent might well have ceased trading and that if any award was made against the company the Claimant might have some difficulty in achieving any meaningful recovery. 7. The Deputy Chairman determined that in all the circumstances, he would not permit Mr Pinto to participate in the Hearing on behalf of the Respondent, it being the case that the Respondent had been given notice of the Claimant s claim, notice of the Hearing and of the need for representations to be made if it were to be allowed to participate. No good reason was shown as to why the Respondent should be entitled to participate. 8. The Deputy Chairman heard evidence from the Claimant to the effect that she had been employed by the Respondent on 17 May 2016. The Respondent ran a bakery and the Claimant was an Office Administrator earning 150 per week. On 5 June 2017, the Claimant attended work as usual and was met by Mr Pinto who told her to take 2 weeks holiday and not come back. She was paid 2 weeks wages direct to her bank account, which was the usual way that she was paid. 9. It was the case that the business was due to relocate from La Collette to new premises in the Fish Market. It had been the Claimant s understanding that she would still be employed at the new premises. However, it became apparent that this was not the case. DECISION 10. The Deputy Chairman found as a matter of fact that the Claimant was dismissed on 5 June 2017 and that the dismissal was in breach of the Claimant s right not to be unfairly dismissed under Article 61 of the JEDT Judgment 3

Employment (Jersey) Law 2003 (the Law ). As the Claimant had been employed for more than 1 year but less that 2 years she would be entitled to an award of 8 weeks compensation. 11. The Claimant s contract of employment provided for her to receive 1 weeks notice after her first 4 weeks of employment or such period as was provided by statute. Article 56 of the Law provides that for employment of less than 2 years, an employer is required to give 1 weeks notice. As the Claimant was dismissed without any notice, the Deputy Chairman found as a matter of fact that she had been wrongfully dismissed in breach of contract and would be entitled to an award of 1 weeks pay by way of damages. 12. In addition, the contract provided that the Claimant was entitled to 4 weeks holiday in any calendar year. The Respondent paid the Claimant for 2 weeks holiday pay commencing on 5 June 2017. The Claimant accepted that she had received payment for the years holiday entitlement and, as a consequence, no award is made in respect of holiday pay. 13. The Claimant gave evidence that she had been advised that whilst deductions had been made from her salary during 2017 for Social Security, no payments had been made by the Respondent on her behalf. As a consequence, unlawful deductions amounting to 225 had been made. The Deputy Chairman found this claim to be made out and awarded 225 to the Claimant. 14. The Claimant gave evidence that she had not been given itemized pay slips in accordance with Article 51 of the Law. It was her case that when she had asked for the pay slips, Mr Pinto had just said that he would do them but that he never did. The Deputy Chairman accepted the Claimant s evidence in this respect but noted that, despite the failure to make Social Security contributions, there was no allegation that the Claimant had ever been underpaid. JEDT Judgment 4

15. Article 54(1A) of the Law provides that the Tribunal may order the employer to pay compensation of an amount not exceeding 4 weeks pay in such circumstances. In the exercise of his discretion, the Deputy Chairman awards the Claimant a sum equivalent to 2 weeks wages in this respect. It was apparent that Mr Pinto managed the office himself and that he did so without any support in the sense of a Human Resources function. The office administration fell to the Claimant and whilst it was for the Respondent to comply with this particular statutory requirement, there was no suggestion that the Claimant was not paid what she was due to receive. This was an administrative failure as opposed to an attempt to deceive the employee for which 2 weeks pay was adequate compensation. CONCLUSION 16. The Deputy Chairman awards the Claimant the following; 1) 8 weeks compensation for Unfair dismissal - 1,200.00; 2) 1 weeks unpaid notice - 150.00 3) 225.00 in respect of deductions made for Social Security contributions; and, 4) 2 weeks compensation for failing to provide pay slips - 300.00. 17. The total awarded to the Claimant is 1,875.00. Signed: Advocate Mike Preston, Deputy Chairman Dated: 15 August 2017 JEDT Judgment 5