A man who was sacked after refusing a demotion because he was deemed unfit for the position he had held for three years has won €30,000 in compensation after his dismissal was declared illegal.

The amount of compensation is among the highest ever granted by an Industrial Tribunal since the early 1990s.

Charles Borg worked as an assistant gaming manager at the Dragonara Casino, operated by Dragonara Gaming Limited, when in October 2010 he was offered another post which effectively meant a demotion.

Soon after he refused, he received a letter saying his job was being terminated “as you are no longer suitable for this post”. The letter was accompanied with a payment for his 12-week notice period. He had spent 37 years working in the gaming industry.

But an Industrial Tribunal, chaired by Franco Masini, found that the company’s justification for the dismissal was not enough according to law and therefore was illegal.

The tribunal heard the company explain how Mr Borg held the post for three years before it decided to give him more “empowerment”. But after a few weeks it saw that, although he was a “valid employee”, he did not have enough experience for a managerial role so offered him alternative employment on the gaming floor.

The company lamented that Mr Borg would insist on working his 40-hour week, spent too much time in the office rather than on the gaming floor and committed mistakes in rosters.

While rejecting the company’s claims, Mr Borg told the tribunal that the company had tried to demote him just a few weeks after he had been promoted to the managerial post.

He said he was given a company mobile phone, only given to people at managerial level, but the company insisted he had not been promoted.

The tribunal said the company’s reasoning resulting in the demotion and the eventual dismissal did not convince it that it was justified according to law.

The tribunal therefore ordered the company to pay Mr Borg €30,000 by way of compensation, less the €4,600 which the company had paid him in lieu of the 12-week notice period.

mxuereb@timesofmalta.com