Waylon Johnston
Transport regulator admits violating Constitution, labour law
Two former transport authority employees were yesterday award-ed €12,000 each in compensation after the regulator admitted to have broken the law and the Constitution of Malta.
George Schembri and Concetta Abela were both part-time clerks with the transport authority when their three-month contracts were converted into indefinite ones. They were fired shortly afterwards due to what the authority described as "legal reasons and administrative procedures".
During hearings before an Industrial Tribunal, the authority admitted to breaking the law and the Constitution by failing to send the employment commencement and termination forms to the Employment Training Corporation.
This rendered their employment null according to the authority, the tribunal said.
The employee's job did not exist as far as the ETC was concerned, the tribunal added.
Even if the tribunal accepted the authority's thesis that the em-ployee's jobs were null because of such breach of the law, the authority could have treated the employee's in any way it wanted.
The authority, in its breach of the law, had denied the employees any legal protection and could fire them when and how it wanted to, as in fact it had done, the tribunal said.
The tribunal, chaired by Franco Masini, found that Ms Abela and Mr Schembri had been unfairly dismissed and ordered that they are paid €12,000 each by the authority. Ms Abela was also ordered to be reinstated immediately.
Lawyer Robert Abela appeared for both Ms Abela and Mr Schembri.
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Adrian Saliba Vella
Nov 6th 2009, 08:37
My question is, who is going to pay the fine? Is it You and me? Or will the ADT introduce an administrative fine/charge to fork out the money, resulting in the same answer you and me! Ultimately yes its going to be you and I.
Cheers!
Michael Seychell
Nov 5th 2009, 17:26
The ADT admitted that it had violated the constitutioon and labour law - apart of course from committing an injustice on two workers, and having to pay them 24000.00 Euro.
The ADT has been in the news, mostly negative, for months on end.
Can the Minister, Chairman and CEO assurue the general public that:
There are no other workers employed irregularly.
What action if any has been taken oagainst the 'manager'/officer who committed these irregularities.
Is there a case for a thorough and independent enquiery not only on employment matters but also on other possible 'mistakes' that the ADT may have committed, bearing in mind that the Authority has vast responsibnilities, including testing of Public Transport vehicles, Testing of persons to obtain their licences, enforcement on abuses committed by public transport operators/drivers, and above all the roads responsibility.
Since June we have lost the lives of many drivers/pedestrians - without putting the blame on the Authority, had there ever been a study on the causes of these deaths, and the cost this is having on our economy - apart of course the pain on the families of the victims.
Some answers are expected.
Michael Seychell
Tal-Pieta
Joe Grima
Nov 5th 2009, 13:51
This is turning out to be a rogue offshoot of the Administration. Heads should have rolled long ago but now it is unacceptable for ADT to break the law in this manner and to go on with business as if nothing has happened.
george attard
Nov 5th 2009, 10:13
and who is responsible at the transport authority. will he get his ears pulled?