2838/FM : Anthony Darmanin vs BIM (15.05.2013)

Anthony Darmanin sued BIM Limited for unjust dismissal. He argued that he was on long sick leave because he could nit return to work, given that he had clashed with his GM, and a medical certificate certified that unless there was a change at the place work he was unable to return to work.
BIM Limited, assisted by DR IAN SPITERI BAILEY, argued that the GM was specifically asked by his superiors to instil discipline at the place of work, change work practices to avoid further losses for the company and effect all the necessary reforms to turn the company’s fate around.
The Tribunal found that appellant Darmanin was incorrect in claiming unjust dismissal. The company had allowed one and a half years of sick leave, but was justified in dismissing the employee, given there was no further hope the appellant would return to work.
The Tribunal said the GM was correct and legitimate in imposing discipline and good work practices, and the employee was not expected to resist this, once no proof was brought of any wrongdoing by the GM. The Tribunal said this was not a case of constructive dismissal, and consequently the GM’s behaviour wad not under the lens.
The Tribunal rejected Darmanin’s request for unjustified dismissal.

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