Lm2,000 compensation for transfer injustice

Mr Justice Lino Farrugia Sacco in the Tribunal for the Investigation of Injustices yesterday recommended that Anthony Cachia be awarded Lm2,000 in compensation.

Cachia had filed an application against the chairman of the Malta Development Corporation (MDC) in which he claimed that in the period between November 1989 and July 1992 he had been given vindictive transfers and had not been given the promotion he deserved to the post of senior executive.

The tribunal heard that Cachia had started working with the MDC in 1974 and had been an executive for nine years. It resulted that in November 1989, Cachia had been transferred to the Local Manufacturing (Promotion) Board in Valletta. This was an unpleasant office and for a long period the staff were not provided with computers or telephones.

Practically all the people who were transferred to work in that office were of opposing political views to the government of the day.

The tribunal pointed out that while the employer was entitled to effect transfers based upon service exigencies, the employee had to be shown as much respect as possible. Transfers had to be effected for a valid reason and it was preferable that the reasons for the transfer be given in writing.

When referring to Cachia's complaint that he had not been awarded a promotion, the tribunal noted that the applicant had not produced enough evidence in support of his claim.

The tribunal concluded by finding that Cachia's claim about transfers was justified and it recommended that he be awarded Lm2,000 in compensation.