In a landmark case in the St Helena and Ascension Island Supreme Court, Nick Toms has established a common law right to fair treatment in the event of dismissal
In a landmark case in the St Helena and Ascension Island Supreme Court, Nick Toms, a member of the Doughty Street Employment and Discrimination Team has established a common law right to fair treatment in the event of dismissal. This was based on previous authority and the absence of any equivalent statutory rights in Ascension Island currently in force or in force at the time of the employees’ dismissals. In the joined claims of Arms & Avery v Wolf Creek Federal Services Inc, Chief Justice Judge Rupert Jones implied the following terms into the employees’ contracts of employment,
to exercise the power of dismissal in good faith;
- to be honest with the employee and to refrain from untruthful, unfair or irrational conduct when exercising the power of dismissal and/or any of the rights under their contract
- not to discriminate against the employee including on grounds of disability
The claims will now proceed to be determined on their respective factual merits. The government of St Helena & Ascension Island has now introduced an Ordnance providing for employment rights including relating to the fairness of dismissals for those employed on Ascension Island.
A copy of this landmark decision is available from Doughty Street Chambers’ clerks team.