Graham v Geomarine (Jersey) Limited (2011)
This case concerned a claim for unfair dismissal by reason of misconduct. Mr Graham was dismissed on 1 October 2010 and was offered a compromise agreement (the "Agreement"). Mr Graham rejected the Agreement and later issued proceedings for unfair dismissal.
Mr Graham contended that he was not dismissed for gross misconduct and accordingly, he was entitled to be given two weeks notice. The Tribunal agreed, noting that gross misconduct was not mentioned in the letter terminating Mr Graham's employment and that the Agreement made specific reference to a "Notice Period".
In the Agreement, the Respondent had offered Mr Graham a payment of 8 weeks pay on the basis that he had been employed for not more than two years. However, in finding that Mr Graham should have been given notice, the Tribunal deemed that the effective date of termination of employment was 15 October 2010, pushing Mr Graham into the next category for unfair dismissal compensation. The Tribunal held:
"Mr Graham was correct in stating that [the inclusion of the notice period] took him into the next band of compensation for unfair dismissal under the Employment (Awards) (Jersey) Order 2005, and that he was therefore correct not to sign the Compromise Agreement and accept a lower amount.”
The Respondent applied under Article 77F(9) for a reduction in the unfair dismissal award, on the basis that the complainant had refused an offer by the employer, made before the commencement of proceedings before the Tribunal, for an amount equal to the maximum sum that the Tribunal could award. Dismissing the Respondent's application, the Tribunal upheld Mr Graham's claim for unfair dismissal and awarded 12 weeks' pay on the basis of a length of service of more than 2 years but not more than 3."