French embassy ordered to pay €8,500 over unfair termination

The French embassy in Malta has been ordered to pay €8,500 to its former employee after the Industrial Tribunal found he had been unfairly terminated from his job.

Stephan Maurice Georges Saurin filed proceedings before the Industrial Tribunal in June 2023, claiming unfair dismissal. He requested that the tribunal order the embassy to rehire him at the same grade and salary or provide him with compensation.

Saurin joined the embassy as an accountant in 2019, initially on a temporary contract and eventually on an indefinite contract.

In April 2023, he received a letter in which he was informed that his contract had been terminated and that he was being made redundant without being offered a different position.

The former Deputy Head of the French Embassy in Malta testified that the embassy had received a letter from France's foreign ministry, informing it that a civil servant from France was being sent to take over the role.

The civil servant could also sign and authenticate official documents such as passports and visas. The embassy was directed to terminate Saurin’s job by August 2023.

The deputy head explained that civil servants could sign and certify official documents, while employees like the plaintiff could not. For a person to become a civil servant, they are required to pass an exam. Saurin took the exam twice, failing both times.

Under cross-examination, the deputy head said that he received instructions to abolish Saurin’s post.

Saurin explained that he had been unable to find alternative employment after his contract was terminated and highlighted the loss of income and financial problems he experienced afterwards.

He said he had struggled to find a job due to language issues and prospective employers not understanding why he had been terminated from his previous job at the embassy.

The tribunal observed that from the evidence it clearly emerged that Saurin’s contract had been terminated, and that he had been replaced by a civil servant posted by France's foreign ministry.

The tribunal also observed that the embassy had opted for Saurin’s employment contract to be governed by Maltese private employment law.

While a clause in the contract said that any litigation should be brought before a court – noted in a preliminary plea by the embassy – the tribunal observed that the contract was regulated by Maltese law.

In its considerations, the tribunal held that Saurin was not bound to sit and pass the exam, nor was he employed to sign documents, as his employment was related to accounts.

From the evidence, it also emerged that the embassy did not consult with the plaintiff prior to his termination, nor did it offer him alternative work.

The tribunal held that the embassy wanted to terminate the plaintiff’s employment contract and therefore strategically created another role to show that the plaintiff’s role had been abolished.

It ruled that Saurin was unjustly dismissed and awarded him €8,500 in compensation, which the embassy must pay within a month.

The decision was handed down on November 11.

The Industrial Tribunal was presided over by chairman Geoffrey Vella.

Lawyer Joseph Borda appeared for Stephan Maurice Georges Saurin.

Lawyer Joseph Refalo appeared from the French Embassy to Malta.