Employee was justly dismissed for not allowing access to company doctor

The Freeport was found to have been justified in dismissing an employee when it resulted that a doctor that had been sent was not provided with access to the residence.

Josef Zammit took the case to the Industrial Tribunal against Malta Freeport Terminals Limited.

On the day concerned a company doctor called at Zammit’s residence but nobody responded and Zammit maintained he had not heard the door knocks and his door bell was out of order.

An hour later he informed the company he was going out to visit a doctor at the health centre.

The company’s Disciplinary Board found him guilty of sick leave abuse and terminated his employment on 4th September, 2019.

On its part the company insisted that every employee is informed that when they report sick they can expect the company doctor to call up to 10 pm. The company maintained that Zammit had a similar case in 2016 when he reported sick but the visiting doctor was not provided with access.

After hearing the versions of both sides, Tribunal Chairman Joseph Delia said that while the doctor had visited at 7 pm, Zammit maintained that after 8 pm he had gone out to the health centre.

He said Zammit could have informed the company that his door bell was not functioning to enable the doctor to contact him on mobile and he could also have pinned a note on his front door.

The Board therefore concluded the company was justified and Zammit’s claim for compensation was set aside.