Bus drivers accused of breaching school transport deal

The Minister of Education and the Director General of Education yesterday filed a judicial protest claiming that, in stopping its state school transport service, the Public Transport Association had breached its contractual obligations even though the education authorities were not involved in the dispute.

They filed the protest in the First Hall of the Civil Court against association president Victor Spiteri and secretary Emmanuel D'Amato.

The protest submitted that the Minister of Education was legally obliged to, where possible, provide transport for students who live far away from their school. Consequently, on October 12, 2005, a contract was signed between the ministry and the association to ensure such a service.

On signing the contract, the bus drivers' association had committed itself to the responsibility of providing a service and of abiding by the contract.

On Monday, the association called a general strike after it had given the Transport Ministry and the Transport Authority a 48-hour ultimatum the previous Friday over a dispute on subsidies and reform measures for the bus route service.

The minister and the director general noted that they were not involved in the industrial dispute.

Besides, when the director general learnt about the strike, on Monday he sent a letter to Mr Spiteri saying that any industrial action taken by the association should, in no way, affect its contractual obligations as there was no dispute between the parties.

In a reply to the letter, that same day, Mr Spiteri did not commit himself to keep school transport out of the industrial action.

The following day, during a meeting, the minister insisted that the association honour its contractual obligations. But yesterday, state school transport did not operate.

Such actions were illegal and irresponsible and were in breach of the contract, the judicial protest said. The contract also laid down that, if the association suspended its services, it would be liable to a fine that was double the amount paid for a route.

No routes were served yesterday and, as the association was paid Lm3,450.48 per route, it had now to pay a fine of Lm6,900.96.

The minister and the director general called on the drivers' association to stop this abusive action and pay the fine and also held it liable in damages.

Lawyer Stephen Zammit signed the protest.