I write on behalf of Mario Spiteri in reference to the report titled Insurance Firm Unfairly Dismissed Senior Official, May 16) on the Industrial Tribunal case “Mario Spiteri vs Gasan Mamo Insurance Limited”.

Reading the report and the list of statements made by Gasan Mamo Insurance Ltd in the proceedings as reported may lead one to conclude that the decision should have been given in Gasan Mamo’s favour. The criticism lies in that it is felt the report does not stress (let alone sufficiently so) that Gasan Mamo’s statements were allegations. The report gives the impression these were established truths.

The reality is far from this presentation. Gasan Mamo made various allegations; none corroborated or substantiated. They were and remained unproven allegations. On the other hand, Spiteri presented a detailed contradiction to all allegations and this in a convincing and strong manner, duly corroborated and documented.

It is on this basis that the Tribunal, able to discern one set of statements on the facts as opposed to unproven allegations, was able to, and did, determine in favour of Spiteri and declare that Gasan Mamo’s termination of his employment was unfair.

Tellingly the report makes a disturbing comment. When rounding up the allegations made by Gasan Mamo it states: “However, these issues were not taken into consideration when the Tribunal was making its final considerations”.

In the first place, the word “issues” could be more aptly substituted by the word “allegations”.

Secondly, the Tribunal did take all that was said into consideration. Had it not done so it would have been a dereliction of its duties – and a gross injustice. Indeed, it was because it took all that was said (and documented) into consideration that it found Gasan Mamo’s allegations to be unproven and accordingly it dismissed Gasan Mamo’s argumentation and contentions.

This letter is merely intended to redress any unintentional imbalance and resultant erroneous perception of the Tribunal’s decision arising from reading the report.

Editorial note: Times of Malta stands by its report on the case in question. The sentence that certain arguments put forward by Gasan Mamo on Spiteri were not taken into consideration by the Tribunal should have read that the arguments and allegations of wrongdoing made were dismissed. The error is regretted.