Malta Philharmonic ordered to pay Brian Schembri salary over breach of contract

Brian Schembri had filed lawsuit in 2018 for breach of contract, claiming his employment contract, which automatically renewed after three years, was unlawfully terminated by the defendant

By: maltatoday.com

Oct 03 2024
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Malta Philharmonic ordered to

The courts have ordered the Malta Philharmonic Orchestra to pay former conductor Maestro Brian Schembri over €168,000 over a breach of contract.

Schembri had filed his lawsuit against National Orchestra Limited in 2018 for breach of contract, claiming his employment contract, which automatically renewed after three years, was unlawfully terminated by the defendant.

He argued that the defendant attempted to impose unfavourable contract amendments that would have diminished his role and rights and sought three years' worth of salary (€168,431.96) as stipulated in the contract's termination clause.

NOL countered that Schembri had neglected his contractual obligations, leading to the contract's termination. They cited his alleged failure to attend a concert on June 24th, 2017, forcing them to find a substitute conductor at significant cost.

Furthermore, the defendant claimed Schembri had harmed the orchestra's reputation, prompting sponsors to withdraw their support, resulting in damages. They sought a ruling holding Schembri solely responsible for the termination and liable for damages.

The court found that the defendant's attempts to impose unfavourable contract amendments after the automatic renewal amounted to a breach of contract.

Evidence suggested that the defendant deliberately undermined Schembri’s authority, affecting his ability to fulfill his role. Additionally, the court considered the defendant's claim of Schembri abandoning his duties as opportunistic, noting that the termination based on this claim was made after the defendant realised their liability for three years of salary.

The court ruled in favour of the Schembri, saying that the defendant’s counterarguments and claims of damages were dismissed due to a lack of substantial evidence. The court upheld the plaintiff's claim for three years’ worth of salary (€168,431.96). Costs associated with the lawsuit were also awarded to the plaintiff, with the exception of those related to a jurisdiction challenge, which were borne by the plaintiff.