The Industrial Tribunal ordered a company to compensate a 72-year old woman with €6,000 after concluding that it breached the law when it dismissed her from work due to her age.
Maria Carmela Tonna filed the case before the Industrial Tribunal against the Jasmine Nursing Home Ltd, which runs an elderly home. Tonna had started working as a kitchen helper with the company in 2014 when she was aged 65.
She complained that she was dismissed from work on the 1 April 2020 when she reached the pension age.
The company argued that in March 2020, the elderly woman informed it that due to Covid she will not attend work any longer until the pandemic is over, and instead it employed another person.
The Industrial Tribunal, presided by John Bencini, recognised that this was an unprecedented case as it occurred during the pandemic that the world has not faced for scores of years.
He noted that relations between the woman and the company were excellent and that she carried out her duties well. Bencini stated that it was after she was considered as a vulnerable person by the health authorities, that the woman decided to stop working until the pandemic passes.
He argued that the company could have solved the problem in a satsifying way for both sides and it shouldn’t have ended her job.
The tribunal concluded that the woman’s dismissal was unjust and breached the law and ordered the company to compensate her with €6,000.