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MALTATODAY 19 June 2022

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maltatoday | SUNDAY • 19 JUNE 2022 15 LAW CLASSIFIEDS WHEN determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and procedures outlined by the Mal- tese law were correctly applied by the employer. This was decid- ed by the Court of Appeal (Infe- rior Jurisdiction) in the names 'Philippe Guillaut vs HOSI Mal- ta Limited' on the 1st June 2022 presided by Honourable Justice Lawrence Mintoff. Mr Guillaut was dismissed from employment in virtue of a termination letter which did not indicate any reason for ter- mination. During his testimony before the Industrial Tribunal, the Chief Executive Officer of the Company at the time of the employee's dismissal, explained that the dismissal took place due to restructuring within the com- pany, which was facing financial difficulties at the time. The Court of Appeal over- turned the decision of the In- dustrial Tribunal, which decided that despite not being provided with the reason for termina- tion in the termination letter, the dismissal from employment of the employee was a fair one. Although the Industrial Tribu- nal itself acknowledged that the Company was insensitive in the way in which it dismissed its employee, it failed to refer to any evidence which proves that the requisites established by law were observed. The Industrial Tribunal is obliged to determine whether the process carried out by the defendant company was a legal one, meaning, whether it strictly observed what is provid- ed by the law or otherwise. The Court of Appeal con- firmed the plaintiff's argument that if the employee was in fact dismissed on grounds of redun- dancy, then the Industrial Tribu- nal had to determine what type of redundancy took place, that is whether it was an individual or a collective redundancy. Only then would the Industrial Tribu- nal have been able to apply the correct legislation in relation to the specific type of redundan- cy. In fact, the Court of Appeal confirmed that no proof was brought forward by the defend- ant company to prove that other employees were terminated at the same time or for the reasons provided by the CEO. In order to declare the dismissal as a fair one, the Industrial Tribunal had to be convinced that the employ- ee's representative was informed about the collective redundan- cies, that he received the details as required by the law and that the Director for Industrial and Employment Relations was in- formed about and involved in the process of collective dismiss- al by the defendant company, to ensure that no employee was ter- minated without a reason. Apart from the fact that this exercise was clearly not carried out by the Industrial Tribunal, the Court of Appeal also ob- served that the defendant com- pany did not bring forward any proof of the difficulties which it alleged to have suffered in 2018, or that it witnessed a decrease in the offshore and onshore de- mand, leading to a decrease in demand for the use of helicop- ters operated by the employee. Furthermore, no evidence of the restructuring programme alleg- edly implemented by the defend- ant company or of the financial crisis which impacted it, were brought forward. Likewise, there was no proof of the number of employees which allegedly were to be made redundant. The Court of Appeal confirmed that even if the redundancy in question was deemed to be indi- vidual redundancy, then the In- dustrial Tribunal was obliged to ensure that the defendant com- pany observed the requisites of Article 36(4) of Cap 452 of the Laws of Malta, which lays down the Last In First Out principle. This means that the last person to join the company is the first to be made redundant. This means that the Industrial Tribunal is to evaluate whether the person as- suming the role of the employee being made redundant, was em- ployed with the company before the said employee or otherwise. In this case, the Industrial Tri- bunal completely ignored this legal requisite and instead de- cided that the plaintiff was fair- ly dismissed as the person as- suming the plaintiff's role was more competent and occupied a better grade than him, without have any concrete proof of this. Conversely, when analysing the termination letter provided by the Company to the plaintiff, the Court of Appeal was under the impression that the employee taking over the plaintiff's em- ployment was engaged to replace the plaintiff and not that he was assuming the plaintiff's role in addition to duties already carried out by him. Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates 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 - Close to all amenities and located in the commercial 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 over- looking the main street and the back bal- cony with country views. Although the property is currently being used as offic- es, there is the possibility of converting to two apartments and a penthouse 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 finished second floor apartment in a central quiet street forming part of a block of 5 apart- ments. 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 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 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. NEWSPAPER adverts - Book & pay on-line on - no extra charges. Call on 21322452 SITUATIONS VACANT BARTENDER/CASHIER - Asian Palace Catering Ltd has vacancies for a bar- tender & a cashier on a full time basis to work from Monday to Sunday with one day off. This will include public hol- idays with a wage of €1000 gross month- ly. Please phone 27811888 Email: info@ DELIVERY DRIVER - required to work Full Time, flexible hours, fluent in English and holder of a full driver's license. Interested please call LOGIC International Ltd 21245982 HOTEL RECEPTIONIST - we require a full -time hotel receptionist for a busy boutique & spa in Naxxar. Applicant must speak fluent English and have experience in a similar role and be able to work shifts. Call The Village Hotel Ltd on 27988357 to apply HR PLUS - we require Labourers, clean- ers, waiters, kitchen hands, drivers, plas- terers, shop assistants, steel fixers, secu- rities and carers. All vacancies are on full-time basis. Each position entails being competent and responsible. Lower secondary level of education is required and availability to work on weekends and public holidays. Interested parties are to apply by sending their cv to email: M A S S AG E A N D B E AU T Y THERAPIST- we require a Massage and Beauty Therapist on a full-time basis with at least 10 years' experience. Must speak english, qualification in Cidesco diploma and qualified in Thai tradi- tional medicine society. €1000 - €1500 monthly. Windsor Beauty Clinic, San Gwann. Send email to: mam2002059@ Tel: 99596359 SPA THERAPIST - required for a busy spa within a hotel in Naxxar. Must be flexible with hours on a rota full time and fluent in English. Experience required. Please contact The Village Boutique & Spa on 27988357 for more info. WANTED - Various job opportunities in a factory. We are looking for x6 Cleaners, x3 Storekeepers, x3 Packagers & x3 Drivers/deliverer. Persons must be responsible, enthusiastic and team players, who's willing to carry out their rolls in a professional and polite man- ner. Send email to sebastien@theother- CLASSIFIEDS INFO @MEDIATODAY.COM.MT

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