Industrial Tribunal Awards 41,696 Euro to dismissed employee

By means of award number 1873, the Industrial Tribunal issued the highest award ever recorded to an employee who was dismissed by the Water Services Corporation. The decision that was published on the 22nd September 2008 was issued after an employee claimed that he was dismissed unfairly after he was terminated for having attempted to defraud the company. The company found out that over a span of time, the employee had asked for reimbursement for an extra Lm 18.25 over what he really had spent on newspapers, which he used to purchase as part of his job.

The employee started employment on a three year fixed term contract with the employer and the contract was extended on a number of occasions. He worked with the company in the communications unit for four years and then was promoted to head public relations as of the 2nd of January 2002, under another definite term contract. The employee however argued that his employment was indefinite since the fixed term contract regulations 4 year rule applied to him.
 
Although the employee did not have any previous warnings, the employer based their defence on the fact that the contract was on a fixed term basis and that the employee did not provide a detailed and precise reply as to the discrepancies found by the company.

The employee based his case on the fact that that the amount in question was so trivial that his dismissal was unfair and not according to law. In addition the employee produced a good performance review of the year prior to his dismissal and according to the employee when he was faced with a spreadsheet detailing the newspaper purchase costs, in the presence of his lawyer, the employer did not provide him a copy of the document even though he requested it.

The employee also stated that so he could not verify the accusations that were brought against him and that he was not given the facility to defend his position.

The industrial tribunal, having evaluated the facts, reached its decision that the employee’s dismissal was unfair and not in conformity with the law and ordered the employer to pay the sum of 41,696 euro to the employee within six weeks from the decision.

At the time of publication of this newsletter, the Industrial Tribunal’s decision is still subject to appeal.