Royal Court judgment 8 April 2021: de Than v Institute of Law JRC098
This recent decision of the Royal Court of Jersey confirms the test to be applied on an application for leave to appeal an interlocutory judgment of the Employment & Discrimination Tribunal.
Following the decision in Sumera v Atlantique Seafood JRC164, the Commissioner confirmed that :“…leave should only be granted where it was clear that a question of law had arisen which would lead to the original decision of the Tribunal being set aside…”
Further, referring to Broere & Ors v Mourant & Ors JCA222: “…the Courts are wary of interfering with the exercising of any discretion on the part of tribunals, particularly in an interlocutory matter… ”The Royal Court declined the application, finding that: “…this was not a clear case of something having gone wrong.”
Advocate Vicky Milner of Viberts appeared for the Respondent.
Click here for the full judgment.