It's all about the process: disciplinary procedures
In Guernsey and Jersey there are currently no statutory provisions which dictate how a disciplinary procedure should be conducted. As a result, an employer may be excused for thinking that it can determine its own disciplinary process and execute it how it sees fit. However, as we explain below, this is an erroneous and dangerous view and could render an employer liable to legal proceedings.
Subject to various eligibility requirements linked to employment status and longevity of employment, employees in Guernsey and Jersey have a right to bring unfair dismissal claims under either The Employment Protection (Guernsey) Law, 1998, as amended or the Employment (Jersey) Law 2003 respectively (together, the Laws).
In such circumstances, to assess whether the dismissal was fair or unfair, the respective employment tribunals in either Island will consider a two limb test…
Click on the link below to read the rest of the Mourant Ozannes briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Mourant Ozannes
News from The Lawyer
Briefings from Mourant Ozannes
The Cayman Islands’ Grand Court (Amendment) Law 2014 introduces the legislative clarification of the law providing for interim relief in aid of foreign proceedings.
The Court of Appeal has considered whether an employee who was unwilling to work out his notice period could treat the contract as at an end and work for a competitor.