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maltatoday | SUNDAY • 29 JANUARY 2023 15 LAW CLASSIFIEDS LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates THE Court ruled that when con- tractual obligations are outlined clearly in writing, such contrac- tual obligations must be hon- oured and other interpretations should not be taken into ac- count. This was held in Philippe Guillaut vs HOSI Malta Limited decided by the Civil Court First Hall, presided by Honourable Judge Christian Falzon Scerri on the 16th January 2023. Philippe Guillaut filed a court ap- plication wherein he made a claim for the payment of €26,227.87 rep- resenting wages which were due to him but which were not paid to him by the employer. The ap- plicant who was employed with HOSI Malta Limited was second- ed to another company operating in Morocco, named Heliconia Holding Morocco. An additional contract was contracted between the applicant and the Moroccan company. The second contract specified that the applicant was to receive an additional remunera- tion of 21,000 dirham, equivalent to €1,900. The payment was to be made in dirham since this was the currency used in Morocco. How- ever, the applicant claimed that as soon as he started his secondment with the Moroccan company, the amount of €1,900 was deducted from the wages due to him by HO- SI Malta Limited instead of being awarded to him in addition to the said wages. The defendant company argued that the remuneration outlined in the secondment agreement was not to be awarded in addition to the wages given by HOSI Malta Limited. Instead the defendant company argued that the remu- neration indicated in the contract between the applicant and the Moroccan company reflected the portion of the wages paid by HOSI Malta Limited, which were to be paid in dirham instead of in euro. Therefore, instead of receiving an additional remuneration by the Moroccan company as specified in the employment contracts, the applicant ended up receiving the exact same amount as before, which amount was now split in two different currencies. The court explained that the applicant honoured the principle that whoever alleges must prove. It held that in case of doubt and in the absence of a receipt, the court must make the presumption that the credit due was not paid. However, the court also explained that proof of payment is not only made in virtue of a receipt but it may also be made in virtue of oth- er evidence, including documents, witnesses, confessions of the cred- itor and indirect evidence such as presumptions and circumstantial evidence which may convince the adjudicator that the payment was actually made. Therefore, the court took into account the testimonies of wit- nesses brought forward by the de- fendant company who explained that the applicant was receiving a portion of his wages in dirham due to his secondment in Morocco. However, the court also took into account the written employ- ment contract, concluded by the applicant with HOSI Malta Limit- ed which stated that: "This remu- neration, additional to the remu- neration he shall receive directly from Heliconia Holding Morocco, shall enable the Employee to meet the expenses and obligations relat- ed to this expatriation". Further- more, the contract of employment concluded with Heliconia Hold- ing Morocco specified that the plaintiff was to receive the sum of 21,000 dirham per month, that is a sum equivalent to €1,900. How- ever, this additional contract does not mention that this sum is to be deducted from any other wages which the plaintiff was already re- ceiving. The Court explained that the juridical relationship between the parties was created in virtue of the initial employment contract and therefore, any disputes must be re- solved according to what has been agreed between them in the same contract. When honouring jurid- ical obligations emanating froma written contract, the following rules should apply: 1. When an agreement is made in writing, one must take into consideration that whatever the parties wanted to agree about was in actu- al fact written down in that agreement; 2. That verbal evidence is only admissible in order for any dubious points about the agreement to be clarified; 3. That verbal evidence can be brought forward in order to better explain the will of the parties vis a vis the agree- ment, especially if what is written down in the agree- ment is ambiguous. Other- wise such verbal evidence may be used to prove an incidental fact or accessory compatible with the same agreement; 4. This rule remains in force unless the court is convinced that there is a mistake in the agreement or contract or that a specific pact has been left out for a particular rea- son. The Court also explained that whenever a juridical obligation emanating from an agreement is created in virtue of a written agreement, any contrary evi- dence is to be based on the same written contract, and the court should not refer to evidence ex- traneous to the agreement from which the juridical obligation emanates. It is a fundamental rule that contracts are concluded in good faith and one must ap- preciate that a written agreement not only creates an obligation but also the consequences which are attached to such obligations. The parties need to ensure that the contract is executed in har- mony with what was reasonably the scope behind the conclusion of such an economic operation between them. When the interpretation of the contract is clear and the facts which would have led to that agreement do not allow for any doubt in what the will of the par- ties was, then the adjudicator is restricted from giving an inter- pretation different from what the parties have actually outlined in writing. In this case, the written contract was very clear in its wording, in that the payment from the com- pany Heliconia Holding Moroc- co was to be given to the plaintiff in addition to the payment due to him from HOSI Malta Limit- ed. Therefore, the Court ordered the defendant company to pay the sum of €26,227.87 to the plaintiff, representing the wage and other benefits which were due to him in terms of his con- tract of employment. The Court rules when contractual obligations are outlined clearly in writing, such obligations must be honoured DR CHARLENE GAUCI Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SHOP TO LEASE - Class 4 B 60 sqm cor- ner shop to lease in San Gwann. Key mon- ey €49,888 and €40 a day rental. Call on 79703404. XLENDI - catering premises in prime site to let. Can be used for other commer- cial 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 bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. 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Interested candidates are to apply by sending their CV to email: info@hrplus- malta.com KITCHEN HELPER - Padthai Kitchen Malta Ltd are seeking the immediate employment, on a FULL-TIME basis, of a person with knowledge of Thai cuisine, to work as a Kitchen Helper to assist in Kitchen and general restaurant duties. Although no particular qualifications are re-quired, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai tra- ditional and Thai cuisine. Experience in a similar position would be considered in asset. The candidate must also have a clean criminal record. The salary of €5.00 per hour is being offered to the suitable candi- date. Interested candidates are to send CV by email to padthaikitchen.malta@gmail. com with the words "Kitchen Help-er" as the subject, by not later than Tuesday 31st January 2023. LIVE-IN CARER - we require a live in carer to take care of elderly lady, six days a week. 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