Tuesday 06 June 2023
Select a region

Court overturns decision to stop woman working in her own shop

Court overturns decision to stop woman working in her own shop

Tuesday 02 August 2016

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.

Sign up to newsletter



Comments on this story express the views of the commentator only, not Bailiwick Publishing. We are unable to guarantee the accuracy of any of those comments.

Once your comment has been submitted, it won’t appear immediately. There is no need to submit it more than once. Comments are published at the discretion of Bailiwick Publishing, and will include your username.

Posted by Simon Dodkins on
I can't help thinking this is not the "right" outcome to this matter. Her application to run a business was refused due to her status. She then appears to have played a bit of a game using an "entitled" person to obtain a licence to run the business, which she then reclaimed ownership of.
Posted by Neil Rogers on
Why does this story make me sigh and shake my head in resignation? I'll tell you why: A boarded-up shop in any town is an eyesore. It smacks of disappointment and hopelessness. Here we have someone willing (and eager) to start a business and all she gets is one set of hurdles after another...seriously, shouldn't we be encouraging new entrepreneurs and not making them jump through impossible hoops?
To place a comment please login

You have landed on the Bailiwick Express website, however it appears you are based in . Would you like to stay on the site, or visit the site?