Advocate Vicky Milner of Bedell Cristin acted for the employer, Aviation Staffing Company Ltd ("ASCL"), in a case concerning a Russian airline pilot and the jurisdiction of the Jersey Employment Tribunal (the "Tribunal").

Wagner v ASCL is the first case to be heard by the Tribunal in which the territorial provision of the Employment (Jersey) Law 2003 (Article 101) has been considered. The Tribunal struck out the claim, confirming that, while parties may choose the law which will govern the contract, such election cannot, of itself, operate to apply or disapply statute.

Wagner was engaged to provide services to clients of the Respondent under a contract (the "Contract") "made subject to the laws of Jersey". The parties "submitted to the non-exclusive jurisdiction of the Royal Court of Jersey." The Contract confirmed that the Applicant's "Homebase" was in Russia. The Tribunal held:

"Not one shred of evidence was produced to show that the Applicant did work 'wholly or mainly in Jersey'."

As a consequence, given the wording of Article 101, while the Contract was governed by Jersey law, the Tribunal had no jurisdiction to hear the Applicant's complaint.

This is an important decision for Jersey. Many locally registered companies engage staff (some as employees and some falling within other categories of worker, such as self-employed consultants) who work wholly or mainly outside of the Island. Had the claim not been struck out, the knock-on effects could have been considerable.

For more information please read the judgment entitled 'Wagner -v- Aviation Staffing Company Limited JET case no. 1903-38/09' by clicking here or please contact Advocate Vicky Milner.