Awarded damages for not having been invited to an interview




In what is probably a landmark judgment, The First Hall of the Civil Court has awarded €5000 in damages to Mark Salafia for having been omitted by his employer during an interview/selection process.

Mark Salafia sue GO plc because although his application for a post advertised as a vacancy had been acknowledged, the company had forgotten to ask Salafia to attend an interview, claiming that it was a ‘’genuine’’ procedural error.

The Court, following numerous considerations, concluded that once the company issued a call for applications, than the company has established a contractual relationship with those who had applied to process and consider all application. The fact that plaintiff was not asked to attend was a bread of his contractual rights and the Court awarded the sum of €5000 by way of compensation, which sum was calculated arbitrio boni viri.

Mr Salafia was assisted by Dr Ian Spiteri Bailey.


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