Having had no appeals from the Tribunal to the Royal Court for some years, in 2012 there were two, the Hughes case (see previous) and In the matter of the application of Darius Pearce [20120JRC217. The latter was an application to the Royal Court for leave to appeal a decision of the Tribunal.

Mr Pearce declined to lodge a response to the claim against him, on the basis that he had never been the employer of the individual in question (Miss Garcia). An interim hearing was held by the Tribunal at which the respondent did not attend. Evidence provided at the hearing by Miss Garcia included a letter from the respondent in which he had written to Social Security saying:

“…I have offered employment to Miss Garcia on a full time basis commencing on the 23rd May 2011…”

The Tribunal held that Mr Pearce was Miss Garcia’s former employer and declined an application for leave to appeal. That application was renewed before the Royal Court, which noted that, inter alia:

“Mr Pearce challenged the jurisdiction of the Tribunal on a number of grounds including that he was not “a member of the Island of Jersey and its dependencies” and therefore he was not subject to its rules and regulations. To become subject to such rules and regulations required, he said, a voluntary act on his part. He told me it was for this reason that he had not attended the hearings as to do so would have given the Tribunal jurisdiction over him. He had attended the application for leave as “a child of God” whose jurisdiction was the only one he recognised. At the same time he confirmed that he lived in Jersey.”

The Commissioner upheld the Tribunal’s decision to refuse leave to appeal, given that the appeal had no prospect of success.