No: 79/2008
Date: 9 April 2008
Joanna Hernandez v Social Services Agency (Industrial Tribunal)
The decision not to confirm the Complainant in her post as Manager of the Dr Giraldi home at the end of her probationary year (which is at the root of this claim for unfair dismissal) was taken by the then Chief Executive Officer of the Social Services Agency, Ms Isabella Tosso, on the grounds that she considered that the Complainant had failed to meet the required standards of a Manager of the Dr Giraldi Home and had not shown the necessary competencies to undertake the position.

Despite its best endeavours, the Social Services Agency has been unable to secure the attendance in Gibraltar of Ms Tosso, who is believed to be in the UK, to give evidence at todayís hearing of Ms Hernandezís claim for unfair dismissal against the Agency. The Agency has therefore been unable to discharge the burden of proof in defence of the claim because the person who took the decision is not available to give evidence as to the reasons for the decision and the manner in which the decision was arrived at.

The Agency thus presented no evidence to discharge its burden of proof that the dismissal was not unfair, thus entitling Joanna Hernandez to a finding in her favour.