Court overturns decision to stop woman working in her own shop

Tuesday 02 August 2016

A decision to allow a Polish woman to run a one-person business, but then refuse her permission to work in it, has been rejected by the Royal Court.

Karolina Klonowska came to Jersey three years ago, and in 2014 applied for a licence to run a patisserie called Sweet Heaven at 15 Bond Street. But because her work status was 'registered' her request was refused.

Her friend, Christopher Barnham, then asked for a licence to run the business, and because his work status is 'entitled', was given permission. But he was told he couldn’t employ 'registered' staff.

Later Ms Klonowska became a partner in the business, owning 40% of the company, and in October 2015 became the sole owner. But, despite giving her the licence and knowing it was going to be a one-person business, the Population Office refused her permission to work in the shop. Ms Klonowska took her case to court.

The court decided Ms Klonowska had made it clear to the Population Office, “...she was the only owner of the business ‘and the only person who can work in’ it. She [also] made it clear that the application was for her to run the business.”

“Thus, on the one hand the Population Office gave Ms Klonowska a licence to carry on this small one-person business, but on the other hand purported to impose a condition which prevented her from doing so. Having granted her a licence to carry on this undertaking, then on the facts of this case, it was unreasonable not to allow her to work in it.”

The outcome is that as long as Ms Klonowska remains the licence holder she will be allowed to work in the shop, but, if someone took it over she wouldn’t be. She also can’t employ any 'registered' staff.

The business has not be operating since 4th December 2015 and is currently boarded up. It's not clear if Ms Klonowska intends to re-open the shop.