Dismissing Highly Sensitive Positioned Employees

The Malta Industrial Tribunal has recently declared justified the termination of employment of a security guard who left the area he was securing despite the fact that no other security guard had turned up by the time he decided it to leave.

As a result, the management of the company issued a letter of charge to Mr Cristina (the dismissed employee), accusing him of serious misconduct. After a meeting held with the employee in the presence of a union official, the company informed Mr Cristina in writing that his employment had been terminated for just and sufficient cause.

The Industrial Tribunal has not accepted Mr Cristina’s argument according to which he left the premises unattended since his shift was to end. Moreover, the same Tribunal has disagreed with the further claimant’s arguments according to which the company told him that had just to remain on call after the beyond the statutory working hours and the colleague who had to replace him did not attend work on time.

In view of this, the Industrial Tribunal has stated that, in the case of employees who held highly sensitive positions – rights of such employees to work in line with the clauses of the contract of service (i.e.: in the present case, attending the working time) may not prejudice other relevant rights from third ones which are connected to their job and which need to be treasured (i.e.: in the present case, not to leave premises unattended during the night).

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