An action filed by an employer who claimed that its employee had cheated the company of more than Lm15,000 (€35,000) in sales was dismissed after the court found that the employer failed to prove the allegations.

The court heard that Chef's Choice filed action in 1999 claiming that Raymond Galea had misappropriated Lm15,000 worth of merchandise he was supposed to be selling on its behalf.

Mr Galea denied these allegations.

Chef's Choice also filed criminal action against Mr Galea but he was acquitted of all charges in April 2003.

In his judgement, Mr Justice Joseph R Micallef  said that the party making the allegations had to prove them.

Chef's Choice was basing its action on three facts, namely that Mr Galea had not given an explanation when confronted about the alleged misappropriation, that he had not filed an action for unlawful dismissal when his employment was terminated and that his behaviour after being confronted was compatible with guilt.

Mr Justice Micallef said that the only witnesses in this case were Mr Galea and Chef's Choice employees. No independent witnesses had been heard. The company had not cross-examined Mr Galea.

The court added that it resulted from the evidence produced that for a time the company had not been carrying out regular reconciliation proceedings for its sales, due to lack of personnel. Also, documentation of the sales was missing and the court found that this was due to faults on the part of other employees of the company.

Shazoo Ghaznavi and Robert Galea appeared for the Mr Galea.