Lawyer files protest against seven local councils
A lawyer has filed a judicial protest against seven local council, complaining that they had engaged another lawyer as prosecutor in a local tribunal when that lawyer did not meet the requirements of the call for tenders.
Dr Ivan Sammut filed his protest against the local councils of Zejtun, Ghaxaq, Gudja, Marsaxlokk, Paola, Sta Lucija and Tarxien.
He said that in the call for tenders, one of the compulsory conditions was that tenderers had to have 'at least five years proven experience in the Courts of Justice.'
Yet the contract had been awarded to Dr Joe Mifsud, who graduated as a lawyer form the University in 2006 and was granted a warrant to practice in 2007.
Dr Sammut argued that the selection of Dr Mifsud went against the tender conditions and was therefore abusive and illegal. He therefore called on the councils and their joint committee to withdraw their nomination, while holding them responsible for damages.
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Dr Clive Aquilina Spagnol
Nov 18th 2009, 19:49
@ A Borg. No it isn't. An employer is allowed to stipulate the level of competence required to be demonstrated by his employees or any others supplying a service/product to him. This has nothing to do with discrimination on fundamental particularities to us human beings, such as gender and race. This yes is not allowed.
A.Borg
Nov 18th 2009, 18:30
Isn't the requirement of having "at least five years experience" a discriminatory clause in itself?
Paul Barrett
Nov 18th 2009, 18:08
Taking any and all politics out of the equation, is it not possible for an employer to engage someone that they all feel comfortable with; the most suitable for their needs, the best or better deal even though he/she/it might not meet all the terms that were previously looked for.