(c) an agreement to resolve a complaint under this Act, concluded with the assistance of the Ministry in accordance with section 20(1)(a) or (f) of the Agreement, stipulates that the conditions applicable to the compromise agreements provided for in that Act are fulfilled. (ii) subject to the provisions of the contract, the interest rate imposed for the period provided for in section 2 of the Judgments (Interest) Act 1985[f] from the date of the contract until the satisfaction of payment, and interest may be recovered in connection with the payment. In Chiverton v Sahara City Co Ltd, the General Court considered an action for unfair dismissal. Despite a strained employment relationship with numerous disagreements between the parties, dismissal was identified as the sole reason for dismissal. A letter of dismissal had been served on the worker stating that the employment relationship would end ten days later due to a drop in turnover. In 2015, it struck 90 compromise agreements for a price of £3,588,798, an average of £39,875. "These figures should be seen in a context where the states of Guernsey employ around 5,300 people, so 19 compromise agreements in 2017 represent only 0.35% of the workforce. (c) the worker has received advice from an independent consultant on the terms and effects of the proposed agreement, and in particular on its impact on his ability to exercise his rights before the court. When a worker withdraws on agreed terms, a compromise agreement is used to ensure that the worker waives certain rights – and in this agreement both parties have contractual means to protect their interests. The same type of clause will likely be included in any transaction agreement for equity participation or other long-term incentive plan. (d) if the Tribunal is satisfied that the complainant or applicant and the employer have settled the complaint by a legally binding agreement, as is the case in point (c) of (c). (2) The General Court is not entitled to rule on an action pursuant to Article 16(1) or on a request for an extension of time pursuant to Article 17(1).
1(b) if the complainant or applicant and the employer have signed an agreement under which the conditions of Article 30a(3) relating to compromise agreements are fulfilled. In the English case of Duchy Farm Kennels Limited v Graham William Steels, the High Court faced an important issue that had never been the subject of an appeal judgment before: will the breach of the confidentiality of a former employee exempt the former employer from its payment obligations under a settlement agreement? This problem can arise if instalment payments are to be made. In the United Kingdom, the term "settlement agreement" refers to what used to be called a "compromise agreement". But both are exactly the same. In Jersey and Guernsey, such agreements are always referred to as compromise agreements. (c) where the complainant or applicant and the employer have signed an agreement as prescribed, countersigned by an official of the Ministry, in which they declare that they have settled the appeal or if there is a judgment on the matter – a decision of the Royal Court of Guernsey of 2016 (which should also be persuasive in Jersey) -, if, after the signing of a compromise agreement, the employer has refused to pay compensation on the ground that they accuse the worker of having committed serious misconduct of which it was unaware at the time of the employer`s signature. Because of the facts, the employer lost this case because it was found that the acts complained of did not constitute serious misconduct. To determine this issue, the Royal Court asked: "Was the worker guilty of conduct so serious that it was a negative breach of the employment contract that gives the employer the right to terminate the contract in the blink of an eye?" and decided, on the basis of the facts, that the conduct was not sufficiently serious to make a contradicted offence. . . .