Former nurse awarded €208,000 for unfair dismissal
A former nurse has been awarded €208,000 after it was proven in court that he was unfairly dismissed.
Mario Gerada claimed that on April 2, 2008, he had been informed that he was being fired from Zammit Clapp Hospital where he was employed as a casual nurse.
He was never given any reasons for the termination and was not given a chance to defend himself.
Subsequently, the Chief Government Medical Officer told the Employment and Training Corporation that Mr Gerada had resigned and not that his job was terminated.
In their response, the CGMO and the director general health care services argued that Mr Gerada’s job was terminated because he was not giving patients the desired service to the detriment of their health.
In his judgement, Mr Justice Silvio Meli condemned the CGMO’s behaviour in declaring that an employee who was fired had resigned.
Such falsification of truth should be harshly condemned and those in charge should take the necessary action to penalise those responsible for it and ensure this did not happen again to ensure the trustworthiness of all public documents.
This was essential for the assurance of a transparent public service that is really serious.
Mr Gerada argued that this happened in 2008 when he was 52 and he could only r tire when he was 63, so he had 11 more working years.
As his annual wage was €18,000 he should be awarded €198,000, he claimed
Mr Justice Meli upheld his request and awarded him another €10,000 for psychological consequences and humiliation.
Dr Robert Abela appeared for Mr Gerada.
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86 Comments
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Neville Debattista
Nov 16th 2012, 10:36
@Steve M Engerer. If you had to pick up a calculator and deduct 52 ( actaul age of Mr.Gerada being kicked out from office) from 63 ( hypothetical age of Mr.Gerada retiring from work had he had not been kicked out ) you would be left with 11 ( total number of years which were unfairly snatched away from underneath his nose) and not 5.
Neville Debattista
Nov 16th 2012, 10:13
@Steve M Engerer. If you had to pick up a calculator and deduct 52 ( actaul age of Mr.Gerada being kicked out from office) from 63 ( hypothetical age of Mr.Gerada retiring from work had he had not been kicked out ) you would be left with 11 ( total number of years which were unfairly snatched away from underneath his nose) and not 5.
Maria Borg
Nov 16th 2012, 07:38
U le le..igifieri ghal hdax-il sena dan ma qalax euro. Clearly from his holiday and car pictures, and social activities. What a joke!
Andrew Micallef
Nov 15th 2012, 19:44
Totally unbelievable!!!! My blood boils whilst reading this!!!!!
Francis Saliba M.D.
Nov 15th 2012, 08:55
An unemployed casual nurse worthy of his salt would not have remained unemployed for years in the present shortage of nurses, he would not merit a 208000 euro bonanza from the taxpayer and he would not have been able to run a certain type of car. It must be appealed, pronto.
Pippo de Marco
Nov 15th 2012, 13:49
Dr Saliba,
As I commented in response to a similar request made by Joe Zammit yesterday, you need to have LEGAL GROUNDS on which to base an appeal, such as evidence that the Judge or Magistrate made a procedural error. There are other grounds, of course, but not liking, or simply disagreeing with a judgement does not, by itself, constitute grounds for an appeal.
Franco Farrugia
Nov 15th 2012, 08:52
This is truly unbelievable. Shouldn't this CGMO be accountable for this? What is the Ministry of Health going to do about this?
Only a few weeks ago, there was another matter where an architect whose work was not utilised, was awarded almost a million euros.
What is happening with the taxpayers' money in this era of recession and difficulties?
A country breaking up at its seams!
Francis Saliba M.D.
Nov 15th 2012, 08:52
The CGMO has a responsibility towards patients before everybody else. He is much better qualified than any lawyer to judge if a casual nurse, could have been retained safely without imperilling the sick.
Mr Andrew Camilleri
Nov 15th 2012, 18:42
Honestly, sometimes I just cannot understand certain comments. Does Dr Saliba really think that the Judge evaluated the nurse's skills? The Judge made a legal judgment on the dismissal -whether it was fair or not - not on the competence of the nurse. Incredible!
Pippo de Marco
Nov 16th 2012, 01:14
In my (relevant) experience, Law and Medicine seldom see eye to eye.
Anthony Farrugia
Nov 15th 2012, 08:47
So he was also granted future earnings up to age 65 when he could have been granted half-pay from date of dismissal/suspension up to date of reinstatement and no damages. He must be laughing all the way to the bank ! Hope this judgement is appealed and hopefully repealed !
leo briffa
Nov 15th 2012, 08:31
if the defendant was 52 years old he is 56 today with still plenty of time to be re-instituted into a nursing service
Joseph Scicluna
Nov 15th 2012, 08:15
UNBELIEVABLE!!!!!!!!!!!!!!!!!!!!!!!
Joseph E Briffa
Nov 15th 2012, 08:11
This is a very strange decision and I'm sure the AG will appeal.Gerada was a casual worker so he didn't have security of tenure apart from the fact that he was accused of not doing his work & was fired.It's not clear whether Gerada's resignation refers to his previous permanent post or his later casual post, though it is implied that this is the case once the court found for unfair dismissal.
Grace Delicata
Nov 15th 2012, 05:16
Firstly, I would like to know the reasons for the alleged dismissal. Tribunals support the employee, but do not necessarily investigate thouroughly the rights of anyone else, for example patients, which may have come in contact and feel they have a negative experience from this person.
A. Sultana
Nov 15th 2012, 02:54
Ok so he's now 56 / 57. Why not reinstate him so he can earn his pay like the rest of us? Does that also mean that he has been unemployed for the last 4 and a half years?
Something smells fishy.
Emmanuel Mazzitelli
Nov 14th 2012, 23:15
It is outrageous that the taxpayer has to pay. Instead the culprits should have been made to pay for the injustice incurred by Mr. Gerada.
Dennis Zammit
Nov 14th 2012, 23:04
So from the amount won, will he pay the necessary taxes and social security benefits as € 18000 per annum was his gross pay?
Will any Govt. benefit received since be further deducted?
The CGMO should appeal this draconian court decision.
C. Vella
Nov 14th 2012, 23:02
Shouldn't the person in question return to his old work since it was an unfair dismissal. He should be paid any lost wages till today, since he was unjustly fired, but i don't see why the taxpayer should shoulder the remaining years. If he was 52 in 2008 then he is 56 now, which means he still has seven years of work ahead of him.
Steve M. Engerer
Nov 14th 2012, 22:41
On the 2nd of April Mr Gerada was informed that he was fired. He was 52.
How on earth could the court award 10 years wage + €10,000 for psychological consequences and humiliation when only five years have passed??
Oliver Sammut
Nov 14th 2012, 21:51
How many other nurses suffered injustice and did not take to court these untouchables I can count myself one of them the everything ended up in my favor but no compensation because it was an internal enquiry and again nobody shouldered responsibility . Welcome to the health department where accountability is a must from the employees .but not from the top management .
M Grima
Nov 14th 2012, 21:15
And who is going to pay for the CGMO's behavior? Yes, you and me and the rest of the taxpayers. Whoever he is, the CGMO should shoulder all responsibility even if it means initiating legal action for falsification of truth. Government should set an example with these cowboys!!!
Robert Pace Bonello
Nov 14th 2012, 21:01
Who was the CGMO at the time?
Peter Murray
Nov 14th 2012, 21:35
You will never know as none of us ever will as this info is on a need-to know basis and does not concern us mere mortal tax-payers who fund these unaccountable and unknown incompetent''s activities
David Borg
Nov 15th 2012, 08:56
Paranoid much? Www.doi.gov.mt includes details of the present CGMO and all other appointees. Incidentally court judgements are all online too www.justiceservices.gov.mt including this one so you can both read the motivation behind the judgement and the name of the CGMO.
Mario Pandolfino
Nov 14th 2012, 20:52
Il lum il gurnata tista tfittex lid-dipartimenti tal gvern u jekk jkollok ragun tiehdu .Kien hemm zmien meta il gvern laburista kien anke issopenda il qorti kostizjunali ghal erba snin shah biex hadt ma jista jfittxu .Ukoll kienu jinbidlu il magistrati ghal l-istess raguni.Ta min jghid li saru kawzi issa fuq ingustizji li saru fi zmien il PL u hadu ragun u inghataw il kumpens issa fi zmien il PN
M Grima
Nov 15th 2012, 01:15
Jigifieri ghax din il-froga saret fi zmien GonziPN kollox sew. X' ghandu x'jaqsam dak li harbixt ma din l-istorja ta stemrijja Sur Pandolfino??
Paul Bajada
Nov 15th 2012, 07:03
Like the VAT charged on car registration TAX for example? The GonziPN government charged 50 Million Euros in illegal taxes. Who shall be paying those? you only?
It is convenient to blame the PL for everything, but the PN has done 1,000 times worse.
Lets see how fast your dear PM shall pay the dues to these unfortunates....
Mr Albert Dimech
Nov 14th 2012, 20:34
Fine, justice done, but who will fork the bill may I ask? Us tax payers, not those who committed this injustice.
Lesley Kreupl
Nov 14th 2012, 20:33
How ridiculous. This person was obviously still capable of working for his living!
John Attard
Nov 14th 2012, 20:30
Malta is in a pitiful state of affairs....ill give you another .....a freind of mine was in prison for VAT offences and when he was leaving prison he was told he had fines as long as twenty years ago that he has not paid and needed to be settled before he left prison. One of the fines was imposed because he did not appear in court when he was in prison. what a laugh!
Francis Attard
Nov 14th 2012, 20:26
"In a society based on the Rule of Law, if a person dicovers or witnesses a crime taking place he has a duty to report it and any offenders to the police."
What has Justice Silvio Meli dicovered in this case?
Dennis Zammit
Nov 14th 2012, 20:10
Ridiculous court decision.
The workings used are for permanent injuries where the employee cannot work any more. At 52, he could still get Govt benefits and find other work.
Jay Oatmon
Nov 14th 2012, 19:56
Of course no one is held responsible for this and no one resigns. This is the usual situation with unjust/unprofessional decisions no one is held accountable it is 'water off a ducks back' in Malta. Just like the ADT, VAT, Mepa, Gozo Channel scandals.
Hossam Helwani
Nov 14th 2012, 19:53
This is becoming more and more common since we have incompetent top posts , who think they know it all.
We have top posts being awarded to very young good looking persons who are sooooo cute and laden with certificates, that when they come to a very important decision they act without any experience and we are getting these results. Just remember the gozo channel case incompetent top posts.
Toni Borg
Nov 14th 2012, 19:51
Can someone please enlighten me as to first of all whether it was proven that the nurse did actually
mal treat his patients and secondly when fired, was he made permanently disabled??????
How on earth could the courts access the damage on the number of years that he had left
to retire when he can easily find another job! Ara veru aw Malta hadd ma jaf xinhu jaghmel!!!
Mark Piscopo
Nov 14th 2012, 19:47
Meta l-gvern jizbalja b'dan il-mod u jinqabad hati li kecca lin-nies ghal xejn jkollna nbatu ahna. Iva jkollna nhallsu bit-taxxi taghna. Jiddispjacini meta nara dawn l-atrocitajiet li qeghdin isiru u nbatu ahna taxpayers!
Jonathan Brimmer
Nov 14th 2012, 19:46
And once again the people will pay for the government's incompetence (and discrimination).
Francis Saliba M.D.
Nov 15th 2012, 09:11
The taxpayer is not paying for any government's incompetence or discrimination. It is paying for a gross discrimination in favour of an LP "soldier of steel". When I was subjected to a much worse and proven illegal compulsory retirement I was never awarded any compensation, not even the full salary that had been illegally withheld. That was real corruption and discrimination never redressed.
Francis Bonello
Nov 14th 2012, 19:39
Hallas bahnan poplu Malti la HADD ma hu responsabli personalment!!!! Kieku kullhadd joghod attent kif igib ruhu.
Joe Zammit
Nov 14th 2012, 19:37
I see a clear possibility of appeal here.
Pippo de Marco
Nov 14th 2012, 21:21
I'm sure you are aware that simply disagreeing with the outcome of a case does not in itself constitute an automatic right to appeal.
In the light of your recent pronouncements concerning damages awarded in the Civil Court, I would be interested to know what you believe are the legal grounds for seeking leave to appeal this particular judgement.
Peter Murray
Nov 14th 2012, 19:33
So now the matter is concluded is it and all is fine with justice ?It is not the answer sometimes that need addressing but rather why one should be compelled to ask it.
Joe Grech
Nov 14th 2012, 19:18
Jidhirli li min naqas ghandu jhallas minn butu u mhux it-taxpayer Malti.
Din x'gustizzja hi? Din oxxenita ohra li ta spiss qeghdin johorgu minn uhud mis-swali tal-Qorti!
Sur Prim Ministru, possibbli ghadek tghid li l-Gustizzja hawn Malti effettiva? Isthi!
William Caligari
Nov 14th 2012, 19:06
Prosit Mario Gerada, issa penzjonant gawdi l-penzjoni
flimkien ma din is-somma, Nawguralek ghomor kbir.
Lit-tax payer Malti; hallas min butek, u hallas il kontijiet.
Bi Gvern bil ghaqal, dawn l-affarijiet irridu jieqfu.
Emmanuel Marmara'
Nov 14th 2012, 19:19
So true William.......the sum should be payed by those who falsificated the truth and penelised as per court suggested...What a shame
Michael Bugeja
Nov 14th 2012, 19:05
Imisshom inaqqsu certi flus min kull paga ta' CGMO, sakemm jilhqu 208,000 Euros, dik vera tkun gustizzja!
j brincat
Nov 14th 2012, 19:04
BUT who will take responsibility because at the end of the day it is the taxpayers who have to foot the bill?
(jb)
Mr Evan Camilleri
Nov 14th 2012, 19:29
yes... you and me !
A. Borg
Nov 14th 2012, 19:01
Ha daqs kemm jiehdu is-single mothers kollha f'daqqa f'sena!
Ic-CGMO x'jimpurtah mhux hu se jhallas!
C Galea
Nov 14th 2012, 18:57
Well done Sur gerada haqqek kull ewro li ser tiehu u inberikomlok.
Li irrid nghid issa minn fuq dahar ser jithallsu ?? minn dawk li hadu din d decizjoni??
Hallas ja poplu
John Vella
Nov 14th 2012, 18:53
He was a casual Nurse meaning he was working, at his own will, as part timer.
He was not a full timer. Don't think he deserves such a compensation.
His employment was terminated,with just a letter,for the simple reason that he was a casual (part timer) nurse.
That means that he did resigned his post as a full time nurse before he was assigned as a casual nurse.
Joe Sammut
Nov 14th 2012, 19:34
Add to that that he still can work another six years!
He had to confirm or deny“reason for dismissal” on the form issued by ETC!!
matin calleya
Nov 15th 2012, 08:31
Please be informed that casual nurse does not mean part time nurse. One can be a full timer and be casual. check out the PSMC.
Marco Cremona
Nov 14th 2012, 18:52
And the name of the CGMO (in 2008) is/was ?
George Farrugia
Nov 14th 2012, 19:14
Marco...he is just called ....CGMO ..since the office occupied is considered distinct from his own person. And here we have the real problem...all his errors are not accountable to him personally but to his office...and thus his office pays ( understood you and I ).
Charles Massa
Nov 14th 2012, 18:29
Il gvern ghandu jiehu passi dixxiplinarji kontra CGMO jekk ghadu fl impieg. Dawn il flus thalsu mit taxxi tal poplu
Mario Busuttil
Nov 14th 2012, 18:27
Nahseb li CGMO ghandu jerfa responsabilita u ghandu jirrizenja.
william cauchi
Nov 14th 2012, 18:22
Many thanks CGMO for sending us a bill of €208,000.
We love such Christmas presents.
But by the way, if we hear so many stories that we constantly need more nurses, couldn't we have found a place for Mr. Gerada?
Organization zilch.
Joseph N. Attard
Nov 14th 2012, 18:18
An injustice compounded by a larger one.This man has so far been deprived of 4.1/2 years of work, unless he has been gainfully employed in the meantime. It makes absolutely no sense to award him the full 11 years salary. Hope the AG appeals. Tax payers money has become cheap to throw away.
Schembri Ray
Nov 14th 2012, 18:18
Now the person/s who fired him should be fired!
Toni Borg
Nov 14th 2012, 18:16
But apart from what the CGMO did, which the court did well to reprimand, was it proven that the nurse
was not treating his patients well?
Because if yes then its he who should refund his salary back!
joe farrugia
Nov 14th 2012, 18:11
Jista it-taxpayer ikun jaf ghala tkecca u jekk veru tkecca fuq tratament hazin fuq il pazjenti li kien ghad detriment ghal-pazjenti allura l-imallef ma hax inkonsidirazzjoni l'attegjament tan-nurse ghax nahseb jien li CGMO jekk keccew lil dan ghal xejn b'xejn allura dawn mhux postom fis-servizz pubbliku.F'din is-sentenza hemm xi haga li mhiex f'posta.
George Farrugia
Nov 14th 2012, 18:07
Surely if this employee has another 7 years of employment left, reinstatement should have been the first obvious answer since it corrects an error made and gives back the dignity lost to the employee.
Paying him for 7 future years of potential earnings is surely a first in Malta. Was this attached to any condition of him not having another gainful employment?
Pavlaki Pano Aroditis
Nov 14th 2012, 18:03
It is high time that those in high positions, such the CGMO and DiG General Health Care Services, assume some sort of responsibility for the implications of their actions. In the UK, for example, they would have to resign. Their actions have been deemed to have been incompetent and costly to the taxpayer who pays their salaries. It is scandalous that they be permitted to remain in position.
Toni Borg
Nov 14th 2012, 18:18
If we were to adopt what is supposed to happen in the UK i can assure you we will have a new government every week and change in all departemt heads every forthnight!
Frans Lia
Nov 15th 2012, 08:34
Agree completely. Why should the taxpayer pay for the incompetence of those who are well paid for the position they occupy. Such people should be removed from their responsibilities. They waste public funds apart that there is no valid explanation for their actions.
Mr Mike Farrugia
Nov 14th 2012, 17:54
Qed inmissu l-qiegh....litteralment.
Martin Saliba
Nov 14th 2012, 17:53
This is a very strange ruling . Had the magistrate ordered the cgmo to pay him for the 4 years of lost employment and order him to reinstate him to his job this person would have been give justice and the tax payer would have saved 126 , 000 Euros .
Paul Ellul
Nov 14th 2012, 17:49
Tax Payers continue to suffer the mistakes of an administration who carries on like there is no tomorrow, acting with impunity with a total disregard for 'good practice'.
This is a result of mismanagement, fueld by 'bad' ministers who are left to rule the roost! not all ministers are doing such a lousy job, but the whole team loses in the end. If only the coach would remove the bad players.
Joseph M. Grech.
Nov 14th 2012, 17:46
Yes unfortunately taxpayers are paying for their leaders' incompetence. Nothing new!
And no wonder however since taxpayers are still paying today thousands and thousands of euros for MLP leaders'
mistakes and extraordinary ways of political management that happened many years ago.
G. Ellul
Nov 14th 2012, 17:33
Casual nurse at €18,000 ?
Mr Hans Borg
Nov 14th 2012, 19:48
@G. Ellul
Nurses, casual or not, deserve more than that.
Mr CHARLIE BORG
Nov 14th 2012, 17:31
Well done Mr.Justice Meli,looks like this is a warning for other employers.
Julian Borg
Nov 14th 2012, 17:19
As a result of this judgement many will now push for unlawful dismissal to enable them to 'retire early on full pension'. There must be something wrong here!
Julian Borg
Nov 14th 2012, 17:18
One really has to question this judgement. Unfair dismissal usually results in compensation for earnings lost - not future earnings. It would help us common mortals to understand how a wrongful dismissal can affect future earnings - surely reinstatement is also a solution - especially if we, the taxpayers, will continue paying this nurse as a nurse!
Francis Saliba M.D.
Nov 14th 2012, 17:07
OUCH! a very big ouch from the taxpayer.
Ms.D. Galea
Nov 14th 2012, 17:07
Who foots the bill?
The tax payer , naturally.
Anthony Paris
Nov 14th 2012, 17:05
Wow, we are certainly paying big time for this administartion's incompetence.
ANTHONY PAVIA
Nov 14th 2012, 17:34
And there is far more to come! How much money will be handed out till next March's elections?
Jesmond Chetcuti
Nov 14th 2012, 17:04
but 2008 is only 4 years ago not 11 !!!does this mean that he is going to spend the next 7 years doing nothing and getting paid !!!!
C Vella
Nov 14th 2012, 17:54
Maybe if he decided he could work until he is 65 he would have got another 36,000!
Peter Murray
Nov 14th 2012, 16:57
So what action is being taken against the Chief Government Medical Officer and who pays for this negligence.
A Cachia
Nov 14th 2012, 17:14
Please Mr.Murray....if you know the answer why do you ask the question :)
Joseph Vella
Nov 14th 2012, 17:14
Tax payers pay for their leaders' incompetence. If they were made to be personally responsible for damages things would definitely work better.
Peter Murray
Nov 14th 2012, 19:31
the issue is not knowing the answer but not needing to ask it?
Please choose the reason of your report below: