The Industrial Tribunal recently issued a decision on the complex case of Steven Mallia vs. Health Services Group Ltd (Case No. 2875), which revolved around the controversial termination of Mallia’s employment. The case raised substantial questions about the validity of dismissal dates and discrepancies in employment records.
Mallia, formerly employed as a ‘Co-ordinator outside catering’, challenged his dismissal, which he claimed occurred without just cause. The respondent, Health Services Group Ltd, argued that the termination was justified, asserting that Mallia had been working directly with a client and was responsible for the loss of another client.
The tribunal faced challenges with contradictory evidence, with a significant point of contention arising from conflicting evidence regarding the actual date of termination. JobsPlus records showed two different termination dates, casting uncertainty over whether Mallia’s claim was lodged within the statutory four-month period, set out under Article 75(3) of Chapter 452 of the Employment and Industrial Relations Act.
The Tribunal expressed its disappointment with the lack of clarity in JobsPlus’s records, emphasizing that termination forms, which play a crucial role in employment disputes, should undergo some form of verification and not be accepted without question by the corporation.
In its deliberations, the Tribunal made a compelling argument for the establishment of robust verification processes by JobsPlus. This call to action highlighted the necessity for reliable documentation in adjudicating employment disputes and the inherent risks of relying blindly on unverified records.
Ultimately, the tribunal concluded that Mallia’s case was not filed within the statutory timeframes, leading to a dismissal of the case on procedural grounds, without examining the merits of the unfair dismissal claim.
The four-month period for filing claims with the Industrial Tribunal, as prescribed under Article 75(3) of Chapter 452 of the Employment and Industrial Relations Act, is peremptory and cannot be extended under any circumstances. This stringent deadline underscores the importance of employees who feel aggrieved by their dismissal taking immediate action to file their claims. Delaying beyond this critical timeframe not only risks prejudicing their case but outrightly bars them from seeking redress through the Tribunal. Therefore, it is imperative for aggrieved employees to act swiftly and within the legally stipulated period to ensure their claims are heard and adjudicated upon.
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Disclaimer:
The information provided in this article is for general informational purposes only and should not be considered as legal advice.
