A man with a history of warnings over misbehaviour at work has won €10,000 in compensation from his former employer, which was condemned by a tribunal for resorting to dismissal, termed “capital punishment” in industrial relations.

Stephen Scicluna worked as a machine operator with Nylon Knitting Company Ltd since 1998.

He was caught using his mobile phone while management and union were discussing his carelessness

Despite hearing of a series of warnings and disciplinary action taken by the firm against Mr Scicluna over the years, mainly over carelessness at work and breaches of company policies, the tribunal found there was no justification for dismissal.

Presided over by Charles Cassar, the tribunal heard Mr Scicluna had been punished for the repeated use of his mobile phone while on the production line, a banned practice. On one occasion, he and another two employees were given a warning for taking a coffee break while a machine was being loaded, which stalled production.

The final straw came in March last year when he was again caught using his mobile on the shop floor at the same time that the management and the General Workers’ Union were discussing yet another report over his carelessness.

This came after the company had upheld the union’s plea that Mr Scicluna was passing through a rough patch at home and it had put on hold its decision to suspend him from work.

It was at this point that the management took the decision to terminate his employment.

Mr Scicluna told the tribunal that although he had received several warnings, the situation at work became worse when a new manager took over, to the extent that employees had to see a psychiatrist.

The tribunal noted that the new management wanted to address bad work practices that had been introduced over a long period of time.

However, it said the method used was backfiring and finding resistance from employees.

It said the tribunal had “serious doubts” over whether the employees were being treated fairly and ruled that the accusations against Mr Scicluna were not serious enough to merit dismissal but possibly suspension without pay or a demotion. He received compensation but was not reinstated.

Lawyer Charlotte Camilleri represented the company while lawyer Abigail Critien assisted Mr Scicluna.