A bank employee who resigned and later said she was forced to leave her job because of mistreatment allowed too much time to pass to claim constructive dismissal and institute legal procedures, a tribunal has ruled.

Marika Schembri Adami, who used to work with Volksbank, claimed managing director Herbert Skok humiliated her when he ordered her to leave the curtains of her street-level office open. However, an industrial tribunal, presided over by Franco Masini, rejected this argument because Ms Schembri Adami resigned well after the incident occurred.

Constructive dismissal occurs when an employee resigns because his or her life at work is made difficult. However, the tribunal said in such cases the time between the resignation and the alleged events was of utmost importance to determine whether there was indeed constructive dismissal.

The tribunal said the alleged incidents that led to Ms Schembri Adami’s resignation had started some two years before she left her job. The tribunal also noted that, just days after resigning, Ms Schembri Adami found another job for which she had applied months before.

When treating Ms Schembri Adami’s allegations, the tribunal found there was no proof to back her claims that Mr Skok had shouted at her in front of other employees and that she was denied the company’s annual bonus, which was based on performance.

The tribunal turned down Ms Schembri Adami’s allegation that Netty Farrugia, who worked in the bank’s marketing department, spoke badly about her. The allegation was based solely on the claim that Ms Farrugia was Mr Skok’s partner and she influenced him a lot.

In its award, the tribunal said Ms Schembri Adami’s departure from the bank was simply a resignation and could not be described as constructive dismissal.

Ms Schembri Adami was assisted by lawyer Andrew Borg Cardona.

Mr Skok and the bank were represented by lawyer Ivan Sammut and industrial relations consultant Alfred Mallia Milanes.