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Landmark employment appeal
Sep 25 2008

Bedell Cristin wins landmark employment appeal

Advocate Vicky Milner of Bedell Cristin acted for CI Fire & Security Limited (the "Employer") in its appeal against a decision of the Jersey Employment Tribunal (the "Tribunal"). The Employer appealed against the Tribunal's decision to impose a fine for failure to comply with the requirements of the Employment (Jersey) Law 2003 (the "Law") in relation to written statements of employment terms. The Royal Court held that it was "difficult to see from the Tribunal's own findings how there was a breach of [the Law]". More fundamentally, however, the Royal Court held that the Tribunal had "no power to prosecute, convict and fine offenders for offences created under the Law." It also considered the application of Article 6 of the European Convention on Human Rights to the case and held that "… all the basic safeguards that natural justice requires to be afforded to defendants in criminal cases appear to have been ignored."

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