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Housekeeper wins Lm18,000 damages over injury

A woman has been awarded over Lm18,000 in damages from her employer after the First Hall of the Civil Court established that she had sustained a serious injury at her place of work.

Antoinette Coleiro filed her writ of summons against Edrichton Holdings Limited.

She claimed that she had been employed by defendant company as a housekeeper and was responsible for the administration and organisation of apartments belonging to the company at Qawra.

In her testimony, Ms Coleiro claimed that her work entailed many duties that did not fall within her job description, but she did not complain as she was afraid of losing her job.

Ms Coleiro told the court that she had been told by one of the company directors that she was to obey the secretary and that she was not entitled to give orders to the chambermaids.

Plaintiff told the court that the company had decided to refurbish some apartments that were in two separate blocks.

She had to take down certain items from each apartment to the store, and then carry up heavy objects.

She had no assistance as she could not issue orders to the chambermaids while the handymen were all doing work in other apartments. As a result of her work she claimed that she had sustained a permanent injury and requested the court to condemn defendant company to pay her damages.

On its part the company declared that plaintiff had fallen behind on her work.

The company confirmed that she was not entitled to give orders to the chambermaids, and this because of some disputes that had arisen.

However, Ms Coleiro was authorised to give instructions to the four handymen.

Mr Justice David Scicluna declared that it was clear that every employer had to provide his employers with a safe system of work.

Furthermore, the management had to provide plans, rules and procedures when work was done to meet a deadline.

The court added that it resulted from the evidence produced that Ms Coleiro had a large workload, and that once she was responsible for the maid service it had not made sense for her to be deprived of authority to give instructions to the chambermaids.

In liquidating the damages sustained by Ms Coleiro the court noted that the medical expert had determined that she had sustained a 40 per cent permanent disability.

The court, after taking Ms Coleiro's salary into consideration, ordered defendant company to pay her Lm18,305.91.

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