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Employment

The Dispute Resolution Team has extensive experience of acting for both employers and employees and in relation to contentious and non-contentious employment issues. This practice area is led by Guillaume Staal. Work includes: –

  • Drafting and/or commenting on employment contracts.
  • Acting on behalf of a local employer in order to secure more licences for employees.
  • Acting on behalf of employers in relation to the recovery of property stolen by employees and related date protection breaches.
  • Acting on behalf of employers and employees in relation to the termination of employment.
  • Acting on behalf of employers in proceedings in relation to post termination of employment enforcement of restrictive covenants and related damages.

Experiences / Cases

[2014 to date] Guillaume Staal has acted and acts on behalf of a leading Jersey employer in relation to all employment issues, including in relation to proceedings brought before the Employment Tribunal.

[2014-2015] James Dickinson and Guillaume Staal acted on behalf of a local financial institution in proceedings brought against a former employee and his new employer in which the financial institution sought injunctive relief to restrain the breach of restrictive covenants and damages running to the low millions. The financial institution obtained an interim injunction restraining any further breaches of the restrictive covenants. The case subsequently settled on confidential terms.

[2013-2015] Guillaume Staal acted on behalf of a trust company in relation to an appeal by the trust company from a decision of the Employment Tribunal to the Royal Court. The appeal ([2014] JRC 228]) was partially upheld, with the client being awarded indemnity costs in relation to that ground, and the proceedings were remitted back to the Employment Tribunal. The proceedings subsequently settled on confidential terms.

[2013-2015] James Dickinson and Guillaume Staal acted for a trust company in order to secure (a) compliance by a former employee with his restrictive covenants, (b) recovery of stolen records, (c) a conviction against the employee for breach of Jersey’s data protection laws and (d) a direction from the Jersey Financial Services Commissions restricting the former employee’s ability to work in the trust industry.

[2010] James Dickinson acted on behalf of a local business in which he was able to (a) licences for additional employees and (b) avert a prosecution for operating a business with unlicensed employees.

[2010] James Dickinson acted on behalf of an internet sales company in order to restrain a former employee from operating a competing business in breach of the terms of his employment contract. After proceedings were issued against the former employee, the former employer agreed to be subject injunctive orders restraining him from operating his business in breach of the terms of his restrictive covenants.