Manager dismissed after refusing to follow course in Italy

A man who was unfairly dismissed after refusing to follow a training course in Italy was awarded damages amounting to Lm5,000 (€11,647) by an industrial tribunal.

Kenneth Vella, who joined the company Seabank Catering Company Ltd in 1996, demonstrated managerial potential and was promoted to manager of the Tunny Net Complex in a rather short period of time.

The tribunal, chaired by Alphonse Caruana, heard that Mr Vella had fulfilled various roles in the company and according to the company chairman showed enough potential to manage the complex. A training programme had been arranged in Italy for two of the chefs. One of the chefs resigned before the training had to start and the other refused to go, arguing he had been asked to travel at short notice.

The company chairman, Silvio Debono, then informed Mr Vella that he would have to follow the training programme himself and would then train the chefs on his return. Mr Vella told Mr Debono he was not able to travel to Italy because of other previously-arranged commitments.

Mr Debono set an ultimatum and threatened to terminate his employment and Mr Vella was eventually dismissed.

Mr Debono argued that Mr Vella had been given a number of warnings and had demonstrated serious deficiencies in his role as manager of the complex.

After evaluating the case, the tribunal found that Mr Vella was wrongfully dismissed by the company. The dismissal was not justified by the fact that Mr Vella had refused to go to Italy as ordered to do by Mr Debono, the tribunal ruled.

Lawyer Ian Spiteri Bailey appeared for Mr Vella.

Lawyer Aron Mifsud Bonnici appeared for Seabank Co. Ltd.