Issue link: https://maltatoday.uberflip.com/i/1264355
15 maltatoday | SUNDAY • 28 JUNE 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT AURELIANO GROUP LTD - a mul- ti-service company has the following vacancies: Office Assistant, Cleaner, Housekeeper, Security Guard. The jobs are on full time basis. English and / or Maltese speaking. Monthly salary pack- ages starting from 800 euro per month. For more information contact by phone 00356-79288417 apply via email: info@ aurelianogroup.com DRIVERS - OZOMALTA is seeking to recruit individuals to work as Drivers. The chosen candidate should speak and write fluent in English. To apply send a detailed cv to careers@ozogroup.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years expe- rience in a similar post. Must be special- ised in colonic irrigation. For more info please call Village Concept on 99885352. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates THE four-month period in which a former employee may file an Indus- trial Tribunal action against the for- mer employer starts on the last day of work. This was held by the Court of Ap- peal on 12 June 2020 in Doreen Sali- ba v Foster Clark Products Ltd. Saliba had filed an action before the Industrial Tribunal after she felt that she was forced to resign and therefore is alleging that there was a case of constructive dismissal. The company pleaded that the ac- tion was time barred in terms of Ar- ticle 75 (3) of the Employment and Industrial Relations Act, since the case was filed beyond four months when Saliba had tendered her resig- nation. The Industrial Tribunal in its award held that Article 75 (3) of the Act precludes the Tribunal to hear a case which is presented after four months. Saliba presented her resig- nation on 23 August 2018, worked her notice period until 26 October 2018 and presented the case on 22 January 2019. The Company argued that the case should have been presented four months from 23 August 2018. The Tribunal held that it is serious when an employee feels that he has no option but to resign. The Tribunal pointed out working instructions issued by the employer are important since if they are not followed may result in disciplinary measures. Therefore, an employee who disa- grees with the working instructions has a dilemma on whether to ignore these instructions or face discipli- nary action or not accept the situa- tion and resign from his or her em- ployment. In this case Saliba felt offended by the downgrading of her status and the Tribunal appreciated that the status of an employee defines that employee. In fact, Saliba's letter of resignation describes this situation. In her tes- timony she said that she hoped that the situation would change and in fact she was given the impression that change was possible. The notice period was used for this purpose. When the notice period lapsed, management did not correct its actions and therefore Saliba went to her Union. The company appealed the Tribu- nal's decision on the grounds that the four-month period in which a case can be filed before the Indus- trial Tribunal had lapsed, and there- fore the Tribunal's decision was er- roneous. The Court of Appeal, presided by Mr Justice Lawrence Mintoff, ech- oed what the Tribunal held that this case could have been resolved ami- cably. The Court held that accord- ing to Article 75(3) of the Employ- ment and Industrial Relations Act, the four-month period starts on her last day of work. It is not contested that this is a constructive dismissal case and therefore from the dates given, the action was filed on time. The Court of Appeal held that Ar- ticle 75(3) of the Employment and Industrial Relations Act mentions "alleged breach" and not a "breach of a legal right" as the company is arguing. The effective breach is when the relations between employer and em- ployee are terminated. It is for this reason that the Tribu- nal examined the facts of the case in detail and this was the correct man- ner how to deal with the plea. The Court then moved to reject the appeal. On last day of work, one can apply to Industrial Tribunal LAW Classifieds LAW CLASSIFIEDS