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…
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Briefings from Mourant Ozannes
What is the role of the Royal Court of Jersey in trustee applications for directions regarding disclosure of trust information?
A recent application has raised the issue of the function of the court, namely whether the court was exercising its own discretion in supervising, and intervening, in the administration of a trust.
Royal Court clarifies limits of customary law exception in respect of time-barred breach-of-trust claims brought by incoming trustee
Where a newly incorporated PTC recently appointed as successor trustee seeks to bring claims for breach of trust against predecessors, it will not be able to benefit from empêchement d’agir.