A hotel pool attendant has been awarded €5,000 in compensation after he was dismissed simply for leaving work through a security door when the security guard was not around.

Although this was against company policy, an industrial tribunal deemed his sacking was excessive.

It ruled there had been no respect for the basic principle of proportionality between guilt and punishment.

Joseph Caruana, who had been employed at the Suncrest Hotel since 1987, had reported early for work as usual on August 12, 2011.

He washed the pool and spent 10 hours in the sun moving deckchairs and seeing to clients, the tribunal heard.

He was aware that there were security cameras recording the whole event

After closing off for the day at 7pm, he went to the hotel’s back door, from where employees are expected to enter and exit the hotel, punched out and waited for the security guard.

When, after some time, no one turned up, he entered the security room, washed his hands, pressed the button to open the door and left.

He was aware that there were security cameras recording the whole event.

Although the management alleged that Mr Caruana had forced the security door open, no evidence to that effect was presented during the case.

On the contrary, witnesses testified that the lock had not been damaged.

Mr Caruana initially insisted he had opened the door by pressing the button. However, he later told management – through a letter written for him by a secretary, since he did not know how to write – that he had forced the door open.

But the tribunal, chaired by lawyer Yana Micallef Stafrace, said his initial explanation that he just opened the door and left was more credible.

She also expressed dismay that the management had not asked Mr Caruana to show them which button he had pressed or how he had left the premises.

While finding Mr Caruana guilty of breaching com-pany policies, the tribunal found that outright dismissal was excessive.

mxuereb@timesofmalta.com