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2020.06.16
4 Deputy M.R. Higgins of St. Helier of the Chair of the States Employment Board
regarding the breach-of-contract dispute with Dr. Amar Alwitry (OQ.151/2020):
Following the decisions made against the position of the States Employment Board at each of the legal and administrative stages of the breach-of-contract dispute with Dr. Amar Alwitry, what evaluation of the matter, if any, has the Board undertaken and what lessons have been learnt as a result?
Senator J.A.N. Le Fondré (Chair, States Employment Board):
Unfortunately I am somewhat limited in my ability to answer a matter that is and remains sub judice. What I can say is the Government does continue to review the effectiveness of its employment policies. As a generic answer, the Government should not put itself in the position of any breach of contract when applying established policies and procedures. These are regularly reviewed in line with changing case law, regulatory updates and any lessons learned from cases. In terms of the legal stages of the case, the Law Officers' Department has provided advice throughout.
3.4.1 Deputy M.R. Higgins:
First of all, could I ask a question regarding sub judice? As this case, the only thing that is remaining is the quantum of damages because Dr. Alwitry has won at every other stage, is it true to say it is sub judice at this stage if the only matter outstanding is the quantum of damages?
Senator J.A.N. Le Fondré:
That is my advice, that until that final aspect is determined, and I believe that is in September or, sorry, I believe the next stage in that process is in September. Until then I am still limited in what I can comment on.