Fondażżjoni Wirt Artna has been ordered to pay a former employee €5,000 in compensation after an industrial tribunal ruled that he had been sacked illegally.
Joseph Zammit was out on injury leave following a workplace accident when he was fired.
He had injured himself on December 20, 2011, and, although he felt pain and continued to work, the following day he could not move and called in sick.
The work doctor examined Mr Zammit and issued an open medical certificate.
On February 8, 2012, Mr Zammit received a letter from his employer saying that his job was being terminated, without being given justification.
The foundation told the tribunal that it was within its rights to terminate an employee’s job when he was still on probation.
However, the tribunal argued that while it was true that according to law no justification may be given for termination when the employee is on probation, the fact the employee was on injury leave made this illegal.
Tribunal chairman Christopher Attard quoted a section of employment law, which states that a service contract could not be terminated without the employee’s consent while he is out on injury leave after being hurt at work.
He, therefore, ordered the foundation to pay the employee the sum of €4,998 in compensation.
Lawyer Andrew Borg Cardona appeared for Mr Zammit while lawyer Matthew Brincat represented the foundation.