Lm300 compensation for unfair dismissal

An industrial tribunal has ordered a company to pay Lm300 compensation to a former receptionist after ruling that the termination of her employment could not be deemed just.

The tribunal ordered Myoka Limited, formerly known as Myoka Spa Hilton, to pay Gail Smith Brundyn compensation on the grounds that written warnings urging Smith Brundyn to improve her job performance were given to her on the day she was fired.

The tribunal, chaired by Carmel Debono, heard the company explain how Smith Brundyn joined the company as a receptionist on March 14, 2002, was on probation until April 1 and was fired on July 19 because of several shortcomings.

The company explained that Smith Brundyn had been given several verbal warnings regarding her approach towards clients and colleagues and about her lack of diligence in taking bookings. It had also issued two warnings in writing.

But the tribunal noted that Smith Brundyn had been given the written warnings on the day her employment was terminated and this was wrong.

The tribunal also noted that although it was true that Smith Brundyn had several shortcomings on the job, one had to bear in mind that she did not get along with her colleagues. This must have been hard on her and must have influenced the company's decision, which should have been taken while she was still on probation.

The secretary of the Union Haddiema Maghqudin's hotels, restaurants, food and drink section, Lino Vassallo assisted Smith Brundyn while Adrian Delia assisted company representative Jean Vella.