When Might You Consider Appealing A Decision That A Dismissal Was Unfair

There has been much local comment and some criticism of the Jersey Employment Tribunal since 8 January this year, when the Royal Court handed down a judgment which overturned a decision on unfair dismissal made by the Tribunal in July 2013.

The case is of particular interest to any employer who has gone before a Tribunal and has found their decision to dismiss was unfair and/or wrong.

The employer was Voisins Department Store Limited, who investigated the report of theft, followed its disciplinary process and found the employee (Mr S) guilty of gross misconduct. He was summarily dismissed and not paid in lieu of notice. When Mr S's internal appeal was unsuccessful, he started claims before the Tribunal for both unfair and wrongful dismissal, and was successful in both.