Ariadne Massa
'My pregnancy cost me my job', woman claims
Anika Psaila Savona was employed by CHI Hotels and Resorts as legal counsel. Photo: Matthew Mirabelli.
An expectant mother has filed proceedings against the company she worked with as a senior executive for nine years, claiming she was informed her services were no longer required after becoming pregnant.
Anika Psaila Savona, 39, who worked as legal counsel with CHI Hotels and Resorts, formerly Corinthia Hotels International, until January, filed the case in the Industrial Tribunal after receiving a letter terminating her employment, six months into her pregnancy.
"I'd hate to think what something like this would do to someone who suffers from high blood pressure or who does not have their family's support," she said.
Dr Psaila Savona, who is four weeks away from delivering her first child, is convinced her pregnancy is behind the unexpected letter, which did not provide a reason for dismissal.
She told The Sunday Times that not only had she received no prior warning, but had always received excellent feedback on her work and last October was given a bonus.
When contacted, CHI chief executive Tony Potter said it was not company policy to discuss individual situations.
"What I can tell you, is CHI would never think of doing anything other than put into practice the finest standards of employment. Therefore, we wouldn't entertain such an idea," he said, when asked if Dr Psaila Savona was dismissed because she was pregnant.
"If an individual is going to make a claim against any company... it would normally be done through a court of law or an industrial tribunal. If any claim has to be addressed, that's where we would have to address it.
"I tried to assist you by telling you our general approach, which I think goes with a solid reputation, and should anybody try to make such accusations, which clearly are false, we would rigorously defend them no matter who it was, but I cannot comment on an individual case," he said.
Mr Potter added that the company never directly employed their lawyer, but instead operated on a consultancy agreement basis.
Dr Psaila Savona confirmed she had been engaged on a consultancy agreement since 2007, but in reality she was an employee and had always been treated as such. She believed the tribunal would recognise "that substance will override form" when the full range of her contractual rights and obligations were taken into account.
EU law, which forms part of Malta's legislation, makes it clear the dismissal of women employees during the period from the beginning of their pregnancy for a certain period of motherhood should not be tolerated. Dismissal is only allowed in exceptional cases "not connected with their condition".
Dr Psaila Savona said that when in 2007 she moved from the parent company to CHI she had been negotiating an indefinite part-time contract. To her surprise, at the eleventh hour she was offered a consultancy agreement, though she claims Mr Potter orally assured her he would put her "back on the payroll once the dust settled".
"I felt pressured into signing because I feared not doing so would be seen as a lack of trust in him," she said, adding she had been trying to regularise her contract since July 2009 as she felt enough time had passed.
Instead, on January 8 she received a letter saying: "The company does not want to carry on the present arrangement and wishes to terminate the abovementioned agreement."
She was given three months notice and if she had any questions she was to address them to the company's external lawyer.
"I've been trying to give some sense to the past nine years where I spent every moment defending the company, and suddenly I find I'm the nemesis," she said.
Dr Psaila Savona joined the Corinthia Palace Hotel Company Ltd as legal services director in January 2001, after returning from Cape Town where she had spent five years first as a consultant and then managing director with Sovereign Trust.
A law graduate with a Magister Juris from the University of Oxford, Dr Psaila Savona was the only woman at director level when she joined, and the only in-house lawyer for the entire group for seven years.
She was focused on her career, working an average 12 to 15 hours a day. But when her mother was diagnosed with cancer in 2003, her priorities shifted.
In 2005 she took a pay cut and began to work reduced hours to spend more time with her mother and family, but she still put in the hours, "because it was expected of me".
In 2007, she was offered the position of legal director for IHI on a full-time basis, but it came with the condition that she had immerse herself "body and soul" into the job.
She declined, and handed in her resignation. Apparently, not prepared to lose her, Corinthia group chairman Alfred Pisani offered her the position of legal counsel with CHI on a part-time basis - working five hours a day, with extra hourly payment thereafter when the company required her services - which she accepted.
Things changed when news spread she was pregnant. Dr Psaila Savona pointed out that, with the exception of the chairman's daughter, she was the only female employee at a senior executive or director level who had become pregnant.
When the company learnt she was expecting, negotiations on her contract came to a sudden halt. Instead, they offered her a non-negotiable part-time contract with a clause binding her to be available at all times with no compensation for any work beyond the five hours a day.
She added that when she was in a meeting with Mr Pisani he said he heard a rumour she was expecting a baby.
"I confirmed this, but he never uttered a word of congratulations. Then during Christmas drinks we met again and instead of greeting me he said I won't be able to prioritise the company over the child. I assured him it would not affect my work," she said.
When contacted, Mr Pisani denied this, but would not comment further.
Dr Psaila Savona said: "I'm aware this is a case of David versus Goliath, but I feel I have to speak up and raise awareness on this issue."
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22 Comments
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Tarek Farhat
Mar 21st 2010, 13:58
Well, i know Dr Anika Psaila Savona since 1986. Maybe i am far away from Malta, but as far as laws here in Libya; pregnant women are treated in respectful way. I am so surprised on the way Dr Savona has been treated. The question is : Is it like that with all Maltese firms?, or is it just Corinthia?
Cliff Carson
Mar 17th 2010, 07:23
@ J. Zammit and M Sciberras you are both spot on! Corinthia should be ashamed of themselves. Whatever the reason they hide behind, they should never have treated a pregnant woman this way. The advice they acted on was misguided and it certainly was not one of the wisest or brightest moves that they have made!
Kristine Bonnici
Mar 15th 2010, 10:04
I sincerely hope that this issue continues to get the publicity it deserves, perhaps one day, Maltese women will get the same rights as European women. Continue the good fight Dr Psaila Savona. You have our support.
colin stanley
Mar 15th 2010, 10:00
If I have a small shop, and employ one salesgirl, she has a baby and takes 20 weeks off, i need a replacment,so i employ another girl, who turns out to be better in her job,what am i suppose to do , when the other girl comes back to work, i don't need two girls !!!!!!
Denis Catania
Mar 16th 2010, 04:03
Well said.
Marica Lewis
Jan 22nd, 14:55
ok, re-enter the cave out of which you ventured.
smifsud
Mar 14th 2010, 21:52
this is the worst publicity for Corinthia hotels ....it to bad that a company like this treat ther workers this way ...but it is happening every where like this as there is to many people unemployed so employers abuse ther power .
Mark Vassallo
Mar 14th 2010, 19:08
Is this the same CHI that (according to Wikipedia) is planning to be listed on a major stock exchange in Europe? If so, they really need to get their act together and get themselves out of the 1960s.
Neville Calleja
Mar 14th 2010, 19:04
While not wishing to enter into the merits of this case, as I don't feel that all the information has been made available, I feel that there was a statement by Mr Pisani which is very wrong -
'I won't be able to prioritise the company over the child.'
Our society is going down to the dumps exactly because people prize their career more than their children. NO-ONE not even fathers should prioritise their career over their children.
oliver debono
Mar 14th 2010, 18:00
another rags to riches story. People who forget their humble origin and squeeze their employees like the proverbial lemon. Immerse yourself body and soul, or else! And even when one does, as in this case, one has to give priority to the company over one's child. Who do these people think they are!? This is not a simple case of being miserly over maternity leave. Here it is outright dismissal for daring to live humanly. For doing the double job of work and laying the foundations for the country to have workers in the future, something which, with our ageing population the economy of tomorrow will sorely need. Get off your high horse Mr Corinthia. This is no way to treat a lady!
Mark Vassallo
Mar 14th 2010, 17:02
Maybe we should consider the Scandanavian model. In Sweden parents are entitled to a total of 480 days paid leave per child and fathers have as much right to their 240 days paternity leave as mothers do to their 240 days maternity leave. As a result of this, no gender is disadvantaged when it comes to work, promotion etc as each is likely to be out on parental leave. In Norway, each parent can, in addition, take an extra full year of unpaid leave after the paid period ends.
C Pace
Mar 14th 2010, 16:26
@ M Cassar
How pathetic. It seems you either hate the female race or you have no intention to become a father. What do you suggest? That females continue staying at home biex ilestulek il-platt u la tmur lura d-dar ssib kullimkien pupilla? Those days are over my dear. Maybe in Malta we are still grasping to a man's world.......but these days are counted. Girl power is a reality, and we have to accept it.
Ludwig Flask
Mar 14th 2010, 14:36
Part 2(b)/2
Finally, I or instance, as a man working within a private company, should I opt to take leave to take care of a newborn, I will loose my job (should I refer my complain to a tribunal I’ll still loose my job)!
It’s sad to hear similar stories to Dr Anika Psaila Savona’s if this was the case, i.e. loosing her job due to her pregnancy, but seems no one has the guts in tackling this problem from the roots, proposing solutions with concrete ideas to solve this issue. Abiding by the book, making laws, advertising gender equality, claiming human rights, promoting work, it’s all money down the drain if we don’t respect life!
Ludwig Flask
Mar 14th 2010, 14:35
Part 2(a)/2
Another unjust situation is that not all employees have the same rights, or to be more clear same number of days leave, and so on. For example, a woman whether working in the public sector or private sector, by law she can take a specified amount of weeks as maternity leave, until recently 14, but this will increase. A newborn needs more care then just 3 months, thus in the public sector a woman can avail of several months of unpaid leave as well, but this is not applicable in the private sector unless there are union agreements.
MSciberras
Mar 14th 2010, 14:33
Good luck. It required alot of guts and courage on her part to take this step. Many many professionals who work in Malta know exactly what this lawyer, whose track record speaks for itself, is saying. Too many private companies in Malta expect their 'senior' employees to fully 'immerse' themselves in their work, beyond all reasonable limits. Often the fact that you like the work and the opportunity to feel part of something more than compensates, especially if you are comfortable with your pay package. But there are too many instances where people who have given far more than any pay package buys are discarded like rag dolls. This appears to be one such instance. And there are many instances where people are being paid 'good' salaries of €30000 or even less and expected to work 60 hour weeks or more. Good luck to the lawyer. No legislation can prevent what is nothing short of abuse, only individuals taking a stand - and this is what this lawyer has done. On another note, just a few years ago nobody would have dreamed to come out in the open again. She has. Prosit.
Ludwig Flask
Mar 14th 2010, 14:32
Part 1/2
Whatever the case, pregnancy does cost jobs whatever Brussels, Malta Government, or private companies especially family owned small enterprises declare!
What I can say about women at work from my experience most are hard workers, especially those whom have to work during the day and take care of their family in the evening. Some are fortunate in having some close relatives usually grandparents whom can take care of their children.
This isn’t a matter or gender equality, but a need, a need for both parents to go to work to be able to provide income to support family needs! Only a few are fortunate who can spare one from either side to sustain a whole family, though I have friends whom do sacrifices as well!
Current needs have become a priority and counter productive to social values.
On the other hand, one has to consider also that a business whatever size, though the smaller ones are affected most, it’s hard for them to have an employee on leave (maternity, whatever ...) for a few months, i.e. to sustain an unproductive salary return, from where?
PM Camilleri
Mar 14th 2010, 13:48
....but it came with the condition that she had immerse herself "body and soul" into the job.
This is the worrying part and which is becoming ever more common. In other words married to the company.
Karen Zammit Manduca
Mar 14th 2010, 12:47
I faced the same predicament just over 23 years ago when I was expecting my first child. What made it so bad was that one morning, without any prior notice, I was introduced to a woman who "was going to take my place, so can you please give her a complete handover"!
Worse was still to come during union/employer meetings when my immediate superior tried to pass me off as a thief... saying I had stolen a piece of jewellery which had been missing from the shop long before I was even employed with the company.
I was asked whether I wanted reinstatement but obviously declined as I could never have gone back to work with such people and was awarded around six weeks' pay (i.e. until the case was decided).
Till today I suspect it was really done in retribution because my immediate superior's husband had applied for a job for which he was unqualified and my husband happened to be on the recruitment panel - although the final decision did not rest on him alone.
I'm happy that finally someone has had the courage to speak up about something which is rampant but very well hidden in Malta.
M cassar
Mar 14th 2010, 12:33
'My pregnancy cost me my job', woman claims, and recession cost mine so what's the difference. Maybe we should have planned it. By the way how does the employer know if you''re pregnant or not does one provide him with the pregnancy test as proof, and let's talk about equailty so if I'm a man and can't get pregnant I'm a father I'm not entitled to leave. Equality thrown out of the window. It seems if every case a mother is considered better than a father be it a court case and benefits. Imbaghad jeqirdu al equal rights dawn u sar ghandhom drittijiet iktar minnha, xogholijiet iktar minnha ax hawn iktar rgiel unemployed etc. Qas jisthu x vilta`.
J. Zammit
Mar 14th 2010, 11:25
Shameful! All this when we're hearing of proposals to increase maternity leave to 20 weeks, of the need for more women to take up employment, of the need to increase the number of women in the work force, and of the need for the Maltese to have more children because of the future problems the country is facing because of our ageing population. And this problem - may I add - is not something particular to the private sector on the Island - I've long observed that so-called 'family-friendly' measures stop within the remit of electoral programmes. In practice, an employee on 'reduced hours' who dares stand up for his/her is gently reminded that reduced hours are at the discretion of the employer and they can be as swiftly removed as they were granted, and these stories abound even in the public sector ... I honestly wish Dr Psaila Savona the best of luck both with her baby and in her career. A person with her profile, experience and stamina should have no problem finding new opportunities - CHI's loss will surely be some other company's gain.
Anthony Farrugia
Mar 14th 2010, 10:53
Let's wait till we have story from BOTH sides!
lucy ferr
Mar 14th 2010, 10:05
And this happens to a fully developed personality in a widely known company.
Just imagine what goes on in very small family owned enterprises to employees such as salesgirls, counter clerks and receptions.