Jersey
Employee's workplace exclusion 'frustrates'
contract
The Jersey Employment and Discrimination Tribunal (the Jersey
Tribunal) in Butel v Gerard Williams1 was asked
to consider whether the employer (consultant vascular surgeon) had
unfairly dismissed the employee (his secretary) or whether the
contract had, instead, been frustrated.
The Jersey Tribunal noted that in order to determine whether, on
the balance of probabilities, the contract had been frustrated it
must consider if a 'supervening event' had occurred. If
there was such an event, it must then consider whether that event
made the performance of the contract between the parties totally
impossible or radically different from what they had agreed.
