Issue link: https://maltatoday.uberflip.com/i/1445232
maltatoday | SUNDAY • 23 JANUARY 2022 15 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amen- ities and located in the commer- cial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front terrace overlooking the main street and the back balcony with coun- try views. Although the property is currently being used as offices, there is the possibility of convert- ing to two apartments and a pent- house with terrace. The property is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer fin- ished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bedrooms 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 bed- rooms; double glazed windows; inverter air conditioners including solar water heater. Being sold fur- nished. Own airspace with possibil- ity of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of enter- tainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8secu- ritymalta.com.mt ROOM ATTENDANT - required to work in a luxury boutique in Naxxar. Full time, flexible hours on a roster system. Must be fluent in English. Call The Village Hotel Ltd on 99885352 for more info WANTED COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paint- ings, gold & silver items etc. Call on 21310238, 99246632. AN appeal from an Industri- al Tribunal decision must be filed within 12 days and the law does provide for any ex- tensions. This was held in Gi- ulia Gattuccio -v- Suda Enter- tainment Limited a judgement delivered on 12 January 2022 by the Court of Appeal pre- sided by Mr Justice Lawrence Mintoff. Suda Entertainment Limited, the Appellant appeals from a decision delivered by the In- dustrial Tribunal. The case concerns the dismissal of a waitress who was employed full time. The employer claimed that Cattuccio resigned and did not report for work, how- ever she claimed that she did not resign but was asked not to come back to work. Cattuc- cio explained that in July 2018, there was an incident at work where she was instructed to present a cake to guests. Since she noticed that the cake spent some time outside the fridge, she refused to do so. The Man- ager called her in her office and said hat she could return to work only after she apologised in front of the other members of the staff. She was not paid for everything that was due. The Court examined the ev- idenced produced such as the owner's testimony who was informed by the manager that Cattuccio was that an employee was threatening that she would not attend work. He instruct- ed management to prepare the termination documents. The Manager gave her version of the events. She explained Cat- tuccio refused to assist a fellow waiter. The following Monday she had a word with Cattuccio, and discussed the cake inci- dent but also other incidents. The manager had given Cat- tuccio warnings previously to this occasion. In the meeting Cattuccio said that she would not work together with the other waiter and did not go to work anymore. This other waiter testified that previously he was friends with Cattuccio, but had argued at work. With regard to the in- cident on the cake, he said that the cake was in a good condi- tion, but Cattuccio insisted that she should not serve it and would not assist him. He claimed that Cattuccio's part- ner had contacted him and felt threatened after he testified. Cattuccio testified and kept to her version by insisting she had informed her manager that the cake was not good to serve, and she did not feel that it would be correct to serve this cake and therefore, refused to serve it herself. The manager asked her to leave work and return on the following Monday. In that meeting she insisted that if she wanted to continue to work at the establishment then she was to apologise for her behaviour in front of her colleagues. The Industrial Tribunal in its decision pointed out that the employer had no inkling on what a disciplinary process is. Top management were unable to explain what the procedure was. The evidence showed that Cattuccio was a diligent work- er who was unjustly dismissed. This consisted in a lack of pro- fessionalism. The employer wanted to humiliate their em- ployee. The Tribunal awarded damages of €5064.21. The company appealed the judgement arguing that the Tribunal did not properly an- alyse the facts of the case and did not take into consideration the manager's version and that of the other employee, who had an disagreement with Cattuc- cio. Cattuccio replied to the ap- peal by stating that in terms of Article 82(3) of the Employ- ment and Industrial Act the ap- peal should have been lodged within 12 days from the Tribu- nal's decision and this was in fact filed 15 days later. Further- more, the appeal should not be on how the Tribunal analysed the evidence, but on a point of law. Furthermore, Cattuccio disagreed on how the company was interpreting the merits of the appeal. The Court of Appeal in its judgement handled first the issue whether the appeal was filed on time. The Court quot- ed from Abdelaziz Dhaidi -v- Bortex Clothing Industry Com- pany Limited decided on 23 October 2009. Then the court held that an unjust dismissal case under the Employment and Industrial Relations Act, an appeal must be filed within 12 days from the decision. This time period cannot be extend- ed or suspended nor interrupt- ed. The exception may only be found in the law such as in Article 109 of the Code of Or- ganisation and Civil Procedure when the last day happens to be a public holiday, allowing an extension to the next workday. In Joseph Camilleri -v- Kum- missarju tat-Taxxi Interni de- cided on 9 May 2007, the Court held that if the time period set to appeal is not kept is "fatal" and therefore, the appeal can- not be accepted. The Court of Appeal moved to dismiss the appeal on this ground. Appeal from Industrial Tribunal must be filed within 12 days LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT