A judge yesterday rejected a request by the teachers’ union for an injunction over the representation of child carers because the court action was premature and preceded a verification process.

Mr Justice Joseph Zammit McKeon ruled that the injunction could not be issued as the conditions set out at law had not been proved, especially since there were other remedies that the Malta Union of Teachers could have resorted to.

He was ruling on an application filed by the union for an injunction against the Foundation for Educational Services (FES) over a new collective agreement for child carers.

The MUT had filed its case against the foundation, the Education Ministry and the Union Ħaddiema Magħqudin claiming that discussions on a new collective agreement carried on despite its request for recognition.

The court heard the MUT insist that it represented the majority of child carers but the UĦM fired back saying that child carers were its members. The two unions both presented lists of child carers and how many of them were their members but the figures did not tally.

Mr Justice Zammit McKeon said it was not the court’s remit or role to verify which of the two unions enjoyed majority support. There was a verification exercise that could be requested and carried out to establish this. He said it was evident that the injunction request was filed before the authorities were informed about its claim that it enjoyed the majority support.

The court therefore rejected the request but added that it saw “nothing illegitimate” that discussions on a new collective agreement continue until an independent and transparent verification process is carried out to solve the deadlock between the two unions.

Lawyer Ian Spiteri Bailey represented the UĦM while lawyers Michael and Rebekah Tanti-Dougall represented the MUT.

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