Former council secretary ordered to refund performance bonus money

Magistrate Michael Mallia yesterday upheld a writ filed by the Ta' Xbiex local council against its former executive secretary and ordered the latter to refund the council the sum of Lm309.92.

Ta' Xbiex mayor Antoinette Vassallo and executive secretary Marisa Pisani filed their writ on behalf of the council against Victor Lia.

They claimed that in March 2000 Mr Lia, in his capacity as executive secretary of the council, had issued a cheque to himself in the sum of Lm309.92 by way of performance bonus that, according to plaintiffs, had not been approved by the council.

Mr Lia pleaded that the performance bonus was due to him in terms of the collective agreement entered into between the Association of Council Secretaries and the Association of Local Councils.

Magistrate Mallia said that from the evidence produced it resulted that in March 2000 Mr Lia was about to leave his post as council secretary and he had submitted a request for a performance bonus. The request was submitted for the consideration of the council in a meeting held that same month but was not approved.

Mr Lia was still paid the bonus.

Ms Vassallo explained to the court that when Mr Lia's request was examined by the council, the council was considering the schedule of payments it had to make to third parties. Mr Lia's request was not included in this schedule.

She added that in the last few minutes of the council's meeting, Mr Lia had given her two cheques for signature. At no time had she envisaged that one of the cheques could represent the performance bonus that had been refused by the council a short while previously.

Ms Vassallo therefore concluded that Mr Lia had tricked her into signing the cheque for he was already aware that the bonus had not received council approval.

Magistrate Mallia noted that Mr Lia had not denied this allegation of fraud and the court concluded that in this case Mr Lia had acted as judge, jury and executioner in his own case.

Defendant had decided that the voting that had taken place at the council meeting on his request had not been legal and he therefore felt entitled to issue the cheque to himself.

However, Mr Lia had not been entitled to do this and he ought to have used other legal measures at his disposal to contest the council's ruling.

Mr Lia's plea that he was entitled to the performance bonus did not justify his actions. Any entitlement on Mr Lia's part had to be decided upon by third parties and not by Mr Lia alone.

Magistrate Mallia concluded that Mr Lia had acted in an arrogant manner and had challenged the authority of both the council and its mayor.

The court therefore ordered Mr Lia to refund the sum of Lm309. 93 to the Ta' Xbiex local council.