Case Study – Raycine Cassar vc Accreda Limited

employment-law-malta

Raycine Cassar claims that the termination of her employment was unfair and not based on a valid reason. On the 23rd July 2012 Cassar was handed a written warning because of her negative approach especially with respect to her line manager and also due to the fact that when she was asked to follow the appropriate dress code she showed that she did not care to do so.

On the 17th September 2012 she was handed a letter wherein she was informed that due to her non-performance her employment was being terminated with immediate effect. Cassar stated that her work was always vetted by her manager and that she was never notified that it was not up to standard. She also claimed that prior to dismissal no meeting had been held to discuss her performance.

A witness, upon being questioned as to whether any disciplinary measure, other than dismissal, had been considered stated that it was felt that this was the right decision. He also confirmed that prior to dismissal, her workload had been decreased and she was assigned other jobs, during which she also made some mistakes.

The tribunal considers that although in the termination letter it is indicated that the decision was taken after a meeting was held, the applicant claims that no such meeting was ever held. The tribunal thus noted that both the warning and the termination letter were issued without allowing the applicant the opportunity to present her own version of events as against the principle ‘audi alteram parte’.

In this case it was evident that the applicant was notified of her short comings which merited a warning but could not be the basis of termination.

The tribunal emphasises that in this field, termination of employment is considered as the capital punishment and for it to be just there must be good and sufficient reasons. In this case no such reasons were shown for the defendant company to let go of the applicant.

For these reasons, the tribunal decided that the dismissal was unjust and when taking into consideration the period of time that the applicant worked for the defendant company, her age, and her potential prospects for other jobs awards her the sum of €2,500.

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