A VRT tester who was fired last June has been awarded almost €20,000 in compensation after an industrial tribunal ruled he was unfairly dismissed.

He was dismissed without being given the opportunity to defend himself

John Vassallo had received three written warnings before he was sacked but the tribunal questioned the basis for them.

Mr Vassallo, 60, had been employed by Emmanuel Vella and Sons Limited as a VRT tester for 10 years. The tribunal heard he had no problems with his employer until a proposal was made to reduce his salary and give him a commission on the VRT tests he conducted.

The company’s attitude towards Mr Vassallo changed after he strongly opposed the new salary structure, which would have meant a substantial reduction in his take-home pay.

The tribunal noted that the three warnings issued prior to his dismissal came in a three-week time window – between January 23 and February 14, 2012.

It also said that Mr Vassallo had been dismissed without first being given the opportunity to defend himself against the accusations brought against him.

Mr Vassallo was suffering anxiety attacks and was given an open certificate to give him time to recover. On the day the doctor visited, he had gone for a walk, the tribunal noted.

The company complained that in the short period prior to dismissal, Mr Vassallo hadlost the management’s “trustand confidence”.

However, the tribunal said it was “not morally convinced that the decision taken to dismiss (Mr Vassallo) had not been conditioned by what happened before, when there was resistance on the introduction of the new system”.

It therefore ordered Emmanuel Vella and Sons Limited to pay Mr Vassallo €19,073 in compensation for unfair dismissal.

mxuereb@timesofmalta.com

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