In the case C. Cauchi Cole vs Software Projects 16 Limited, the Industrial Tribunal (5.12.2018) ruled that the 4 month period within which a dismissed employee is to proceed for unjust dismissal before the Industrial Tribunal is to run from the date of the EFFECTIVE TERMINATION of employment.
In this particular case, the employee was dismissed via a skpye call and negotiations for a severance payment commenced. Following the unsuccessful negotiations, the company registered the employees termination.
The employee filed procedures within the 4 months from such registration, but the Tribunal concluded that the effective date of termination was the date of the skype call, in which call, the employee was clearly informed of her termination, so much so that she entered into negotiations about some form of compensation for dismissal.
To that effect, the Tribunal upheld the company’s plea that the case was filed fuori termine.
the company was assisted by Dr Ian Spiteri Bailey.