Bank manager claims suspension is null and void

A bank employee yesterday sued HSBC Bank Malta plc claiming that disciplinary proceedings against her were null and void and in violation of the principles of natural justice.

Johanna Abela also claimed that investigations into her case were retaliation in her regard by two of her superiors who were in a husband and wife relationship.

Ms Abela said she had been employed by the bank as a private clients manager and was authorised by the Malta Financial Services Authority to give financial advice in connection with high net worth clients.

In March last year she was suspended from the bank for an indefinite period. She was also formally accused of gross misconduct.

Ms Abela declared she had appeared before a disciplinary board composed of management members, who depended for their jobs and career prospects on the bank, and she was found guilty. This decision was subsequently confirmed by a board of appeal.

The employee claimed there were various serious fundamental defects in the disciplinary proceedings and that the principles of natural justice had been violated.

She said an anonymous document was produced as evidence against her. In addition, she had not been allowed to cross-examine the people who had testified against her. She was not allowed to produce witnesses either.

Moreover, neither of the two boards before which she had appeared were independent or impartial. She submitted that a member sitting on one of the boards had participated in the decision to institute disciplinary proceedings and to suspend her.

Ms Abela said that one of the human resources managers of the bank, who was not part of either board, had been present when the disciplinary board had discussed her case.

The disciplinary board, she continued, had found her guilty of a case which had not been included in the letter of charge issued against her. Furthermore, the investigations into her case had taken place in her absence, adding that such investigation was retaliation against her by two of her superior officers who were in a husband and wife relationship. According to Ms Abela, this happened after the Malta Union of Bank Employees, on behalf of the private clients managers, protested against the way the two officers run wealth management.

Ms Abela added that before her case had been heard, and in violation of the principle of the presumption of innocence, the bank had defamed her by telling the MFSA she was guilty of gross misconduct.

The employee claimed she had been victim of sexual harassment by a manager, accusing the bank of failing to take action to protect her.

She asked the court to order the bank to inform the MFSA that the disciplinary procedures were null and void and also to order the bank to pay her damages.

Lawyer Tonio Azzopardi signed the writ.