Judge raises sacked engineer's compensation from Lm600 to Lm5,000

A court of appeal yesterday raised the compensation Enemalta Corporation had to pay to a dismissed employee from Lm600 to Lm5,000 following an appeal from an award of the Industrial Tribunal.

The judgment was delivered in the case filed by engineer Marina Galea Xuereb against the state energy provider.

Mr Justice Philip Sciberras, sitting in the Court of Appeal (inferior jurisdiction), heard that Ms Galea Xuereb had sought recourse to the tribunal claiming that she had been unjustly dismissed by Enemalta. The engineer told the tribunal she had been dismissed from employment on medical grounds. She claimed that, although she was told she could no longer work as a maintenance engineer, she had told the corporation she was capable of working in other departments within Enemalta.

On its part, the corporation said it had terminated the employment because Ms Galea Xuereb had refused to carry out her duties for medical reasons. After she was examined by a medical board, the corporation concluded that she was not fit to perform her duties.

The tribunal noted that Ms Galea Xuereb was not an easy person to employ as she had raised many complaints against the corporation. She had complained about the vehicle location transmitter installed on her car (supplied to her by Enemalta) on the basis that it could emit radiation and insisted that she would not attend energy emergencies in the north of Malta when there was a power cut. This was a serious shortcoming on her part, the tribunal noted.

When transferred to another section, Ms Galea Xuereb said she could not carry out her duties as she suffered from back problems following a traffic accident while driving an Enemalta vehicle. She refused to work at the power station, citing asthma as a reason.

The tribunal said it did not agree with Ms Galea Xuereb's attitude, adding that if every employee acted like her there would be total chaos.

However, the tribunal concluded that, even though the medical board had established that Ms Galea Xuereb was unfit for work, the corporation ought to have provided her with an alternative post at the same level.

The tribunal found that the corporation had unfairly dismissed Ms Galea Xuereb and ordered Enemalta to pay her Lm600 in compensation.

Both Ms Galea Xuereb and the corporation appealed.

Mr Justice Sciberras said that an individual had to be provided with safety at the place of work and Enemalta was in duty bound to take all measures to protect its employees' safety.

The court noted that the medical board had established that Ms Galea Xuereb was not fit to work in smoky and dusty atmospheres, nor could she handle heavy weights. Ms Galea Xuereb's difficulties at work were therefore caused by reasons of health and not out of capriciousness.

The court thus ruled that the compensation awarded to Ms Galea Xuereb was inadequate.