A senior HSBC employee who happens to be the daughter of Foreign Affairs Minister George Vella has filed a provisional warrant of prohibitory injunction against her employer, saying she was unfairly disqualified from applying for a promotion. 

Elaine Scicluna, 46, who has worked for the bank for the past 27 years, is alleging a potential breach of her rights should the selection process concerning the appointment of an SCC Assistant Team Manager be allowed to proceed.

The court was told that, following the job opportunity notice issued on July 5, 2016, the applicant had received verbal reassurance from the line manager that there was nothing to stop her from applying for the post. In order to make her position clear, the applicant had declared in her application that her " potential move would require enhanced vetting ."

The applicant was shortlisted and after sitting for an interview on August 11, was informed that she had done very well. However a few days later she was informed via email that the post she had applied for was being reviewed and that therefore the selection process was being "put on hold until things become clearer."

A second call for applications was issued by the bank on November 9 wherein PEPs were declared as "not eligible to apply", thus rendering Ms Scicluna ineligible.

In financial regulation, a PEP, or politically exposed person, presents a higher risk for potential involvement in bribery and corruption by virtue of their position and the influence that they may hold.

The applicant argued that the "restructuring of the current operating model " alleged by the bank was a mere excuse to cover up the fact that her employer had decided to change the rules of the game so as to exclude her from the selection process and thus prevent her from seeking promotion.

Ms Scicluna declared that this attitude of the bank was depriving her of a post for which she was fully qualified. Moreover, the court was told, that the applicant would always continue to doubt her chances of promotion at the bank if this process were to be allowed to proceed.

"The bank is putting a millstone around this woman's neck simply because she happens to be the daughter of a well-known Maltese politician" the applicant's lawyer argued.

It was finally observed that there are bank employees who occupy a seat in parliament or who happen to be politically exposed persons.

The warrant was signed by lawyers Ian Spiteri Bailey and Victoria Cuschieri.

Note: This article was amended at 6.31pm to clarify the definition of a PEP.