Updated: Suspended master mariner claims discrimination

(Adds statement by Tug Malta)

A Tug Malta master mariner, who was suspended from his job last month because he refused to travel by air for training in Genoa, has filed an application to the industrial tribunal claiming discriminatory treatment by his employer.

Joseph Dimech, who was suspended on September 23, suffers from aviophobia, which prevents him from travelling by air.

In a circular last August, the company informed all its masters that they were going to be sent for training in Genoa in September.

Mr Dimech presented the company with a medical certificate from psychiatric consultant Anthony Dimech, declaring he was unfit to travel by air, but could travel by sea or land.

The company, however, insisted he should travel by air and issued his air tickets. Mr Dimech refused to go and returned the tickets to company.

In his application, he is arguing that, according to law, an employer had the duty to alleviate the negative effects a job could have on his employees’ health. He said that his request to travel with other means, rather than by air, was reasonable.

Mr Dimech is insisting that the action the company took against him was abusive and discriminatory. He asked the tribunal to declare that Tug Malta had acted in a discriminatory manner and pay him compensation.

TUG MALTA'S STATEMENT

Through their lawyer, Tug Malta said that Mr Dimech was assigned training duties and allocated the same facilities as his colleagues.

He was due to travel on September 21 but prior to this date there were exchanges of correspondence that made it clear that Mr Dimech did not intend to comply with management's legitimate instructions.

"A number of reasons were put forward, including the need to take care of his dog and while mention was made of a fear of flying, management was unable to accept that Mr Dimech could continue to demonstrate an insubordination which had been manifested before, especially since his allegation of fear of flying was devalued somewhat by the fact that he had travelled by air previously on company business and had failed to provide any medical certification before September 21, although asked to do so by management."

Tug Malta said that Mr Dimech was suspended in accordance with the collective agreement when he failed to travel on September 21 and he only submitted the medical certificate on which he appeared to now be relying to exculpate himself on September 29.

"He was reverted to full pay, but remains off-roster at this time, when he submitted the medical certificate to which reference has been made.

"Management will be reviewing this now that the matter has taken a new turn."

The company said it was confident that it would be able to show that it acted reasonably and in compliance with its obligations at all times.