Issue link: https://maltatoday.uberflip.com/i/1526110
8 maltatoday | SUNDAY • 1 SEPTEMBER 2024 LETTERS & LAW Letters to the Editor Law Report The Joseph Muscat spectre SO, it would seem that the Labour Party will remain saddled with Joseph Muscat's spectre after internal elections are held lat- er this month. Jason Micallef, who was one of the organisers of the Labour crowd that greeted Muscat outside court last June, has wiggled his way into a new position that was specifically created for him. It is more than clear that this was a com- promise move for him to withdraw his can- didature from the race for deputy leader party affairs and make space for MEP Alex Agius Saliba. The latter is also an ardent supporter of Muscat as evidenced by his decision to give the former leader a speak- ing platform last March. It would seem, Muscat's bidding within the party will be well-served. The bigger problem is that these manoeuvres have weakened party leader Robert Abela. The Prime Minister gave up his authority to keep Muscat at bay the moment he lashed out at the judiciary over the Vitals hospitals inquiry. It was Abela's desperate and fool- ish attempt to defend Muscat. But what should have stopped then con- tinued duting the summer months with appeasement over the candidates who will be running for several party posts. The Joseph Muscat spectre will continue haunt- ing the Labour Party, a situation that does not bode well for the Prime Minister let alone the country. N. Buttigieg Mosta Beach umbrellas and operators IT irks me to know that private operators who provide deckchairs and umbrellas on the beach could be abusing from public land to line their pockets. But I just wonder whether the anger expressed by some and the regular complaints on social media over these operators are genuine or not. The truth is these operators are provid- ing a service to many people who attend Malta's beaches and are not bothered to be laden with having to carry an umbrella and deckchairs whenever they go swimming. I am not in favour of senseless crusades against these operators – after all I cannot be bothered to carry an umbrella in my car – but the authorities have to ensure they are paying their dues for the allocated space and enough areas are available for anyone who wants to bring their own um- brella or deckchairs to the beach. In this way, the situation can be a win- win for all concerned – the operators who can make money, beach goers who want to avail themselves of the service and beach goers who prefer to bring their own para- phernalia to the beach. D. Agius Rabat IN the case Clayton Zammit vs Erica Pantaleon, decided by the Industrial Tri- bunal on the 7 August 2024, the Tribu- nal decided that the case lodged by the plaintiff was presented fuori termine. The employee in this case submitted her resignation from Savewise Discount Store on the 16 March 2023, as was also confirmed by the Jobsplus Employment History. Apart from being informed of this resignation in virtue of correspondence dated the 16 and 18 March by the em- ployee, Jobsplus also officially informed the employer of such resignation on 16 June 2023. Although the employee resigned from her employment in March, the defend- ant lodged a case before the Industrial Tribunal on 4 December 2023, almost nine months after the employee's resig- nation. This case was lodged so late de- spite what is stipulated in Article 75 of Chapter 452 of the Laws of Malta, the Employment and Industrial Relations Act, which states that cases before the Industrial Tribunal are to be lodged within four months from the effective date of the alleged breach. The plaintiff argued that the four months as indicated in the law should have started accruing from 11 August 2023 when the employer decided to take legal action against the employee. The plaintiff also argued that he did not accept the employee's resignation in March and therefore, the four months duration stipulated by law could not have started counting from that time. The defendant argued that the law is very clear on this matter as it explicitly states that the case is to be lodged with- in four months from when the alleged breach takes place. The defendant also emphasised that one cannot argue that the four months start counting from when the employer decides to accept the resignation or otherwise, since the law does not give the employer the au- thority to accept an employee's resigna- tion or otherwise. The Industrial Tribunal agreed with the defendant and considered the resig- nation of the employee to have taken place on 16 March. To this end, the case was declared to have been lodged fuori termine and therefore should not con- tinue to be heard. An employer does not have the power to reject an employee's resignation DR CHARLENE BALDACCHINO GAUCI Senior Associate Mifsud & Mifsud Advocates