A diplomat who works for the Ministry of Foreign Affairs had launched proceedings to permanently stop the government from dismissing her from the ministry and transferring her to IPSL, the company set up to absorb former dockyard workers.

Antoinette Cutajar, 45, who holds a doctorate in political science, had already obtained a temporary injunction preventing the government from terminating her employment with the Foreign Ministry.  

In court proceedings today, Leo Bonnici from the Office of the Prime Minister, said that Ms Cutajar was employed in 1999 on a temporary basis as a person of trust and could not be considered as a public officer as she didn't go through the necessary process. She was employed again in 2008 without the Public Service Commission having been  consulted.

Lawyer Karol Aquilina, representing Ms Cutajar, asked Mr Bonnici if he was aware  of a European Union directive whereby those on temporary work contract for up to four years had to be given a permanent job.

Mr Bonnici said her contract was definite and extended by the last administration. It was then  converted into one indefinite, which was irregular because the PSC was not consulted.

Dr Aquilina said his client was employed within the Foreign Ministry and carried out duties of a public officer. In 2007 the European Union laid down that those who were engaged year on year for more than four years should be given an indefinite contract. The government had done so to all employees in that situation.

Victoria Buttigieg, from the Attorney General’s Office, said Ms Cutajar was engaged  as a person of trust. This person was hand picked by the minister and not employed through a public call. Once the trust stopped there was no need for her engagement.

In response, Dr Aquilina said that there was no contract between the state and Dr Cutajar because it had become indefinite.

The case continues.