Bank ordered not to dismiss employee

A judge has upheld a writ filed by Simon Debono against HSBC Malta and confirmed the issue of an injunction stopping the bank from terminating his employment.

Mr Justice Raymond Pace, sitting in the Civil Court, heard that in May 1999, the bank had started disciplinary proceedings against Debono and had informed him he would not receive any wages with effect from November 1999.

Debono had warned the bank its actions were in violation of the collective agreement and the bank had warned Debono that his employment was to be terminated with effect from December 1, 1999 before the outcome of the disciplinary proceedings was published.

This, Debono said, was in violation of his conditions of employment as established in the collective agreement which laid down that the bank's disciplinary board and/or the appeals' board had to determine whether allegations made against an employee were proven.

The boards had to decide upon the disciplinary action that was to be taken, including the possibility of termination of employment.

Debono had obtained a warrant of prohibitory injunction against the bank in terms of which the bank was prohibited from terminating his employment.

He then requested the Civil Court to rule that it was the bank's disciplinary board and/or appeals board that had to decide upon the disciplinary charges against him.

Debono also requested the court to confirm the issue of the warrant of prohibitory injunction until the proceedings against him were decided by the bank's boards.

The court noted that in terms of the collective agreement between the parties, Debono was entitled to have his disciplinary proceedings decided upon by the disciplinary board and/or the appeals board.

These proceedings had not been concluded as the disciplinary board had abstained from hearing and deciding upon the merits of the case.

The court concluded that in terms of the collective agreement only the boards could give a decision upon disciplinary action.

The court prohibited the bank from terminating Debono's employment unless there was a decision in that sense delivered by the disciplinary board.