Worker wins compensation for unfair dismissal

The Industrial Tribunal has ordered a company to pay a former employee €1,257 (Lm540) in compensation after ruling that his employment had been terminated unjustly.

Tribunal chairman Antoine DeGiovanni heard how John Joseph Duke had been employed as a marble cutter with Meli Bugeja Limited in November 2005.

On June 19, 2007, he injured his hand during an accident at work and a doctor at hospital told him not to work for about six weeks.

Some time after the accident he went to work and asked to be given his June salary as he would not be able to work for the rest of the month. The company director told him that the salary would not be issued before the end of the month.

When he went back for the payment at the end of June, the director told him that he would only be paid after he was visited by the Medical Board. After being seen by the board Mr Duke went back to work and, on July 1 2007, he was informed that his employment was being terminated.

The following day he was asked to fill in a formula of termination of employment in order to be given his salary and he did so as he wanted to get paid. The formula was backdated to June 29, 2007. One July 5 that year a doctor told him he would not be able to attend work for a further two weeks.

Mr DeGiovanni also heard how, when Mr Duke worked at the company, he did not show much respect towards his employers and he often used foul language and often turned up late for work. Since he was the only marble cutter the company often closed an eye on his behaviour and he was never cautioned or reprimanded for his actions.

The tribunal also noted that Mr Duke’s employment had been terminated when he was medically certified not to be able to attend work due to an injury he suffered while at work.

The tribunal ruled that his dismissal was unjust and ordered the company to pay him compensation.

Lawyer Pierre Lofaro appeared for the company and lawyer Anglu Farrugia appeared for Mr Duke.