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Carey Olsen Achieves Landmark Decision at Employment Tribunal

Monday 23 September 2013

Carey Olsen Achieves Landmark Decision at Employment Tribunal
Carey Olsen employment specialist Rachel Richardson has set the record for the greatest ever reduction of an Employment Tribunal award in Guernsey.

Carey Olsen employment specialist Rachel Richardson has set the record for the greatest ever reduction of an Employment Tribunal award in Guernsey.

The landmark decision, made on 19 September, concerned the dismissal of Angelina Capper from Chateau du Village Nursing Home in May last year.

Advocate Richardson represented the nursing home and was successful in reducing the award by 95% after highlighting the significant contribution Mrs Capper had made to the termination of her employment.

The reduction was particularly well received by the defendants as their loss of the case had been based around procedural technicalities rather than any serious failings. The significance of the trial lies in the fact that it may act as a deterrent to similar claims being made in the future. 

Advocate Richardson said: “The substantial reduction to this award clearly demonstrates that difficult employees will not necessarily profit from the minor procedural failings of their employers.   In the absence of any power to award costs it has been a concern for some time that former employees may feel there is nothing to be lost in launching even the weakest of claims.

"This decision is welcomed as going some way towards providing a better balance between employer and employee at the end of a difficult employment relationship.”

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