In the first case of its kind to be heard in the Island, the Magistrate’s Court was told complex details of how soil biologist Jonathan Zach Wright was brought to Jersey under the impression that he had an ‘essential employee’ licence that would give him rights to live and work here.
But months after he packed his life up and moved 4,000 miles with his wife, two young children and dog, Lola, authorities discovered the American had been wrongly issued ‘Licensed’ status (formerly known as J-category status) by the Social Security Department.
It is alleged that his employer, Glyn Gordon Mitchell, falsified a letter that was handed to the Social Security Department in order to get Mr Wright a registration card with a ‘Licensed’ qualification that would give the American rights to work and live in the Island.
Mr Mitchell, chief executive of Promessa Organic – an ecology firm set up to work with businesses to stop the use of artificial fertilisers – is accused of one count of knowingly making a false statement for the purpose of obtaining a registration card. He denies the charge. If found guilty, he could be jailed.
Yesterday, during the first day of the trial, Mr Wright, who was giving video evidence from the US state of Nebraska, told the court how it was only when he was in transit from the US to Jersey that he was told there might be an issue with his licence to work here.
When he arrived in Jersey in August 2015, he claimed Mr Mitchell told him he was to say that he was a ‘tourist’. It was also alleged that the defendant concocted a fake story that Mr Wright was bringing his dog to the Island because Mr Mitchell had adopted her.
To allow Mr Wright to rent a ‘qualified’ house, which requires Licensed or Entitled status under the Control of Housing and Work Law 2012, it was heard that Mr Mitchell also moved his 19-year-old son into the home and rented the property in his name. Meanwhile, Mr Wright was continuing to work in his new role, but was being paid ‘cash in hand’.
Asked by Advocate Susie Sharpe if Mr Wright sought to dissuade Mr Mitchell from allowing his son to live in the home, he told the court: ‘No, I was terrified for my family at the time. We had sold everything to move 4,000 miles to Jersey. I just wanted to get my kids in school. That is why I just followed it.’
The court was told by Richard Parker, compliance officer for the Population Office, that Mr Mitchell had first been told that he had had his application to employ a ‘Licensed’ employee rejected in August 2015. His appeal against the decision was heard, and the Housing and Work Advisory Group granted his business Promessa Organic the right to employ a ‘Registered’ member of staff in September 2015. Registered staff can only work in certain jobs and rent ‘unqualified’ property.
In January 2016 – five months after Mr Wright moved to the Island – he received a phone call from the Population Office to say he was being evicted, the court heard.
Asked by Advocate Sharpe what action he then took, Mr Wright said: ‘After crying, I did accept that and [Mr Parker] asked if he could come and speak with Autumn [Mr Wright’s wife] and I.’
Mr Parker gave evidence to say that when the defendant had completed his manpower returns [a document that companies have to fill out twice a year detailing who they employ and their residential status], which included Mr Wright’s name and his ‘Licensed’ employment status, it raised an administrative flag in the Population Office’s system and an investigation was started.
Relief Magistrate Sarah Fitz is sitting. The trial continues.
Jersey’s residential statuses:
–Entitled: Someone who has lived in Jersey for ten or more years. They can buy, sell or rent any property. They can work anywhere and do not need permission to be employed.
Licensed: Someone who is an ‘essential employee’, formerly known as J-cat. They can buy, sell or rent any property, apart from first-time buyer, restricted or social-rented housing, in their own name if they keep their ‘licensed’ status. Their employer needs permission to employ them.
Entitled for work: Someone who has lived in Jersey for five consecutive years immediately before the date the card is issued, or is married to someone who is ‘entitled’, ‘licensed’, or ‘entitled for work‘. They can buy property jointly with an ‘entitled’ spouse or civil partner and can lease ‘registered’ (previously ‘unqualified’) property. They can work anywhere and do not need permission to be employed.
Registered: Someone who does not qualify under the other categories. They can lease ‘registered’ property as a main place of residence. An employer needs permission to employ them.
