€58,000 in damages for unjustified termination of work

EMD Advisory Services Ltd were ordered to pay €58,320 to a former employee whose job was unjustly terminated in October 2010.

53-year-old Veronique Amato Gauci, who was formerly employed as an Administration Manager with the company, claimed her job was terminated without just reason.

An Industrial Tribunal, chaired by James Pearsall, heard how the woman was employed on a full-time indefinite contract on 31 July 2008. Two years later, she was involved in an argument with one of the company’s partners. The following day she felt unwell and left the office on sick leave. However, the company informed her that her sick leave would be converted to vacation leave because her medical certificate stated that she should be allowed out of her residence. On the same day, a courier delivered a letter informing her that her job had been terminated.

Human Resources Manager Malcolm Pace Debono testified that Gauci was very negative in her approach as an Administration Manager and found it difficult to work with the five business partners. “There were instances where I was concerned that the situation at work was affecting her health,” he said.

Company Director Dr. Italo Ellul claimed the employee had left the office without any explanation and subsequently had her job was terminated. Dr. Pierre Mifsud, also a company director, described how the employee’s condition worsened until it was not sustainable any more.

“Other employees and a number of clients had complained about Gauci. During a meeting I had with her, she became hysterical and told us that if we wanted her to leave, she would”.

A third director, Stephen Balzan said that on the day Gauci had left on sick leave, she had gesticulated towards him telling him she was about to leave. “The HR Manager told her he could not authorise her to leave the office and she should ask permission before leaving. After all she had already asked a number of times before and it was always granted”.

Taking the witness stand, Veronique Amato Gauci said there was a breakdown in communication between the five business partners. “If I was doing work for one of them, the others would think I’m not obeying their orders, however I always delivered and carried out my duties well”. When the directors informed her about client complaints, her request to face the clients was refused.

“I was never issued with any warnings nor did anyone ever mention the termination of my job. When I left on sick the HR manager told me to inform the directors. I tried to inform one of the company directors but I could not reach him,” the former employee said.

She also exhibited a text message (SMS) from one of the Directors reading, “did Pierre and Malcolm come and speak to you? Because I objected.”

The plaintiff’s lawyers argued that her client always performed her duties diligently. “Her performance was good, otherwise she would not have made it past her probation. Moreover, she was granted bonuses for going beyond her duties”. The issues the employee had with the business partners and also with her colleagues was the reason for the stress, which had a negative impact on her health and lifestyle, the lawyers said.

The Industrial Tribunal heard how as the company expanded, the duties of Amato Gauci increased. This put new burdens on her that could have led to a change in her attitude and behaviour. Furthermore, when the employee was reprimanded over her attitude, she was offered no solution or support.

The Tribunal concluded that the company claims that the plaintiff’s attitude was wrong from the start of her employment cannot be accepted as her employment was kept after her one year term of probation. “After what was described as a period lasting a number of months, one cannot simply terminate a person’s job within 24-hours”.

EMD Advisory Services Ltd were found to have unjustly terminated the employment of Veronique Amato Gauci and were ordered to pay their former employee €58,320 in damages. The amount should be paid in three equal payments. The case was spread over 14 hearings.

Dr Anthony Farruġia appeared for the employee while lawyers Nicole Vella and Pierre Mifsud, represented the company.