Local council insists it can stop secretary's employment

Cospicua local council yesterday submitted that it was entitled at law to refuse to renew its executive secretary's contract of employment and that there was no legal basis for a warrant of prohibitory injunction to be issued against it.

The reply was lodged by the council following the provisional upholding of an application for the issue of the warrant by John Debono, executive secretary to the council. Mr Debono had asked the court to stop the council from debating the non-renewal of his contract of employment.

According to Mr Debono, once he had been in continuous employment with the council for over three years, then his contract of employment was to be considered as one of indefinite duration. Mr Debono said that although the law governing such renewals specifically excluded public service employees, executive secretaries to local councils were not to be considered as public service employees.

Furthermore, according to Mr Debono, EU laws prohibited discrimination between public and private sector employees.

The local council, however, claimed that Mr Debono's contract was for a definite period of three years only and that the council could decide not to renew his employment.

The council claimed it was standard practice in all local councils not to consider themselves bound to renew the contracts of employment of their executive secretaries. Furthermore, the position with regard to EU law was not conclusive.