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Tribunal Decision – Leave Approval

by Marta Zammit

Leave

12/02/2024

2024 is now in our past, and there still seems not to be enough guidance with regard to the practical implementation of leave. The Industrial Tribunal has delved into this in the case of Lindsey Sant vs AE Malta Holdings Limited, in its assessment of whether there was good and sufficient cause for dismissal.

Lindsey Sant’s employment as an EFL Teacher, was recorded on JobsPlus records as termination due to ‘Formal Resignation,’ but Sant argued that it was an unfair dismissal. Factually, in absence of a formal leave application and approval process, Sant was initially granted a week’s leave of vacation, but when she later asked for an extension of this, there was no further communication about the need to return to work after her initially approved leave, and she was not informed that failing to return would lead to dismissal.

The Tribunal concluded that the termination of the employment on this basis was not justified. The Tribunal noted that Sant was not clearly informed that her leave request was denied and that her termination was based on an assumption that she would not return to work. It awarded Sant €6,000 in compensation.

This case highlights the need for clearer standards and guidance on leave approval processes, which remain underexplored and inconsistently applied at the workplace. There is a lot of room for improvement in how such laws are structured within the workplace.