No one is above the law. Those who administer the laws of the country have to be careful not to project themselves as having the power to influence professional decisions of employers who have the responsibility of ensuring good governance in the organisations that they lead.

The ‘recommendation’ made by Magistrate Joe Mifsud that two Gozo Channel employees who had admitted theft when they sold used ferry tickets and pocketed the money was not only uncalled for but also a threat to employers’ duty to ensure that the organisations that they lead follow good management practices. Employees who handle money as part of their work should not be allowed to continue doing so if they are found guilty of fraud.

While some may argue that magistrates and judges may make recommendations that go beyond the application of the laws of the country, the reasoning of Magistrate Mifsud that a person who made a mistake should still have ‘a window of opportunity’ is totally out of place in a court of law, even if it may have been well intentioned.

The decision of the police to file a note of appeal against the recommended reinstatement of the two Gozo Channel employees was the right one. It was equally right for the Malta Employers’ Association to label the magistrate’s recommendation as “ridiculous and unprecedented”.

What is worrying is the allegation that there is lack of agreement between the Gozo Ministry and the Gozo Channel management on whether to implement the magistrate’s recommendation. The fact that one of the employees in question is a canvasser of the Gozo Minister makes it more important that the ministry keeps out of this issue.

It is certainly a good thing that employees’ rights are protected in law thanks to legislation that has been enacted over the past few decades. The imminent review of the industrial tribunal process to ensure that it is free from any perceived or real conflicts of interest is a major development in the protection of both employer and employee rights in our legal system.

But employers do not need the advice or the recommendations of the judiciary to know how to best manage the human resources function of their organisation. The judiciary’s main function is to ensure that the laws of the country are respected by everyone and that those breaching the law are held accountable for their actions.

The police are there to enforce the law where necessary. But when a judge tells an employer to close both eyes to blatant breach of the law by an employee, the work of the police and of employers is made that much more difficult. While one can understand that the judiciary cannot be expected to be experts in management best practices, they certainly can seek professional advice before making recommendations that almost impose moral obligations on employers.

It is right that our legal system ensures that the judiciary is protected from undue influence from politicians or other powerful lobbies in the country. However, it is equally important that magistrates and judges do not see themselves as active promoters of social morality however well-intentioned their motives may be.

The Gozo Channel management should keep in mind what is in the best interest of their company when considering the recommendation made by the magistrate in this case of employee fraud. The police and the Attorney General’s Office should similarly ensure that employers’ rights are not undermined by misguided recommendations by the judiciary.