Former manager claims violation of his fundamantal rights

A former manager employed by the Malta Freeport Authority has sued the authority and its chairman, Mark Portelli, claiming he was subjected to threats and discrimination.

In the application, signed by lawyer Tonio Azzopardi, the former manager, Nicholas Cutajar  said that in 2006 he had been in line for promotion to senior manager.

However another manager, Ernest Tonna , claimed to his superiors that he (Mr Cutajar) had procured false documents for the storage of dangerous materials. An investigation launched by the management showed that the allegations were absolutely false.

Mr Cutajar said he then asked the police to institute slander proceedings against Mr Tonna.

When police action was in hand, Mr Portelli as chairman of the authority, summoned him and 'amid  threats and abuse of power' pressed him to drop the case against Mr Tonna.

Mr Cutajar said that when he stood by his position, the chairman ordered disciplinary proceedings against him. The chairman, without a call for applications, also appointed  Mr Tonna as senior manager so that, Mr Cutajar said, he became subordinate to him.

Mr Cutajar said that in view of the situation, he was constrained to drop his police action  and civil action against Mr Tonna.

Mr Cutajar said that in the years up to his retirement last November, he continued to be subjected to injustices and victimisation.

He said that the termination bonus was offered to him on condition that he made no further demands on Malta Freeport Authority.

Mr Cutajar said he refused to give in, and therefore lost thousands of euro which other workers had been given as their termination bonus and other payments.

Mr Cutajar said the actions of the chairman, based on discrimination and degrading treatment, had caused him hardship and amounted to crimes under the Constitution, ordinary law and the European Convention.

Mr Cutajar asked the court to declare that his fundamental rights had been breached and to order the Malta Freeport Authority to give him his post as Senior Manger with effect from July 1, 2006, pay him what he had been due since the, to pay him his termination bonus and order the chairman and the Malta Freeport Authority to pay him compensation for the violation of his rights.

The actions of the chairman, he claimed,  amounted to a crime.