Injustices tribunal upholds claim against university

The Tribunal for the Investigation of Injustices, presided over by Mr Justice C. Farrugia Sacco, has upheld an application filed by Godfrey Xuereb against the rector of the University of Malta.

Xuereb claimed he had sustained an injustice in June 1994 when he was not appointed to the post of lecturer in the Institute of Health Care.

In its decision, the tribunal noted that Xuereb had originally filed his application against the rector and against the minister and director general of education.

However, in November 1999 both the minister and the director general were declared to be non-suited.

The case therefore continued to be heard against the university rector.

Xuereb claimed that in 1988 he had obtained qualifications from the University of London in nutritional science and he had then obtained a post-graduate degree in this subject in 1990. He was therefore the first and only Maltese national who had these qualifications.

Following graduation, Xuereb had worked in a number of English hospitals carrying out work in the sector and had amassed great experience.

Upon his return to Malta in 1991, Xuereb had been requested by the Institute of Health Care within the University of Malta to formulate the syllabus in the subject of nutrition in the nursing course and to participate in the lecturing team.

At the same time he had been engaged by Kings College, London to be an overseas tutor for students.

In June 1994 Xuereb had applied for the post of lecturer in nutrition on a full-time basis at the University of Malta and he was requested to attend an interview the following September.

However, in December of that year Xuereb was informed that he had not been successful and that the post had been awarded to another applicant.

This, Xuereb claimed, constituted an injustice, and he requested the tribunal to award him the post of lecturer with seniority with effect from December 1994 and to award him compensation.

In its judgment the tribunal noted that the university rector had not produced any evidence to contest Xuereb's claims.

Mr Justice Farrugia Sacco found that Xuereb had been sufficiently qualified to be awarded the post of full-time lecturer, he had obtained his qualifications before the other applicants to the post and had overseas work experience.

The tribunal concluded its decision by recommending that Xuereb be compensated by being appointed to the post of lecturer in nutrition at the university with effect from December 1994 and that he be awarded the highest seniority in this post.

The tribunal also recommended that Xuereb be awarded Lm1,000 in compensation.