“Jien gejt kostretta ma mmurx iktar għax-xoghol u minkejja li pruvajt nitlob spjegazzjoni dwar x’wassal għat-tkeċċija tiegħi ġejt injorata u ma ingħatajt ebda spjegazzjoni.”[1]
The right to protection against unfair dismissal is protected both by article 30 of the Charter for Fundamental Rights of the European Union as well as article 12 of the Constitution of Malta. Moreover, the law requires an employer to give a valid reason for terminating a contract of employment and cannot simply dismiss an employee without a good and sufficient reason, as explained in article 36(14) of the Employment and Industrial Relations Act.
Our client, Ms. Bonnici, had been working as a full-time cleaner and since 2015 she had been employed with Specialist Group Cleaners Limited. In 2016, Specialist Group Cleaners Ltd. terminated Ms. Bonnici’s employment unfairly, and without any explanation. The company also failed to reimburse Ms. Bonnici and did not pay bonus, notice period and leave.
Ms. Bonnici was carrying out her work duties at Karen Grech Hospital when false allegations from other co-workers were made against her. The day after, our client was told that her employment at Karen Grech Hospital was terminated. She was not given the opportunity to respond to such allegations or defend herself. Even though she asked several times for the reason behind such drastic action, she was left in the dark.
The company in question argued that they did not terminate Ms. Bonnici’s employment but that she resigned freely. The company alleged that they informed Ms. Bonnici that the position of a reliever is available for her. With such a position, she would have no fixed place of work and would only work to relieve other workers when they are sick or on leave or where there would be a need for more workers. Nevertheless, the company never called or in any way informed Ms. Bonnici where she was to report for work and at least when she was supposed to do so.
The Industrial Tribunal in the case of Michelina Bonnici vs. Specialist Group Cleaners Limited (2605/HW) concluded that Ms. Bonnici’s employment was in fact unjustly terminated. The Tribunal held that the company did terminate our client’s employment without any valid reason as well as failed to assign fixed work. Furthermore, the Tribunal held that it was the company’s duty to communicate all the necessary information to Ms. Bonnici.
“It-terminazzjoni tal-impjieg kienet ingusta u saret bi ksur tal-ligi”
After considering all the facts, the Industrial Tribunal found Specialist Group Cleaners Limited liable to pay €5000 compensation to our client within 15 days.
[1] Affidavit of Michelina Bonnici