The Right to a Fair Hearing - Even if the employee can't attend!

One of the most interesting cases I have ever read is the Court of Appeal Decision published on the 11th of October 2006 in the names of JV vs Bank of Valletta plc. In this case, the employee was accused of a drug related criminal offence which was punishable with imprisonment. He was found guilty by the Inferior Court and by the Court of Criminal Appeal.

Whilst the cases were being heard, his employer put him on pay according to the collective agreement and a disciplinary hearing was also initiated. Once the Court of Criminal Appeal confirmed the sentence of imprisonment, the employee was dismissed in terms of the collective agreement, the hearing was stopped and the employer thought the story was over. The employee however sued the employer for unfair dismissal and brought his case in front of the Industrial Tribunal.

The employer was, quite rightly, surprised at the recourse to the Tribunal and lambasted the employee by stating that the employee's appeal was frivolous and vexatious and that it had never seen such cheek. The employer also stated that one cannot expect to have an employee work for the company from prison!

Following the submissions of the employer and of the employee, the Tribunal however decided to make an ex officio preliminary decision where it stated that from the statements of case and from a reading of the collective agreements it was obvious that the employer was right and therefore, there was no need to hear the parties as it had already made up its mind!

The employee appealed the case and the Court of Appeal had no choice but to agree with the latter in that the Tribunal did not give the employee a chance to state his case, bring his evidence and make his submissions on the basis of one of the rules of natural justice audi alteram partem  - a Latin term which is used to stress the point that in all circumstances every party has the right to be heard, even if he cant attend!

The case was therefore sent back to the Industrial Tribunal with a different chairman, for the case to be heard.