Updated at 1.30pm with government statement

A judge has thrown out an injunction Air Malta had filed against the Airline Pilots Association in a bid to stop the union from taking industrial action.

Mr Justice Silvio Meli ruled that the airline had no right to stop a union from taking legitimate action in the best interests of its members, noting that this right was guaranteed by the Constitution.

In a statement in the afternoon, the government said it respected the decision but would do its utmost not to allow anyone to blackmail it or the airline.

It said it would consider other commercial and legal options in this regard.

In his ruling this morning, Mr Justice Meli said that the union’s right to order directives, as guaranteed by the European Convention, could not be conditioned by the company’s financial situation, especially since the precarious financial situation was not brought about by the pilots. 

He agreed with the argument put forward by lawyers representing the airline pilots, Edward Gatt and Mark Vassallo, that the fundamental right to take action could never be temporarily suspended pending any talks.

In its application, the airline said industrial action by pilots at this juncture could jeopardise the airline’s operation and financial viability.

The company said industrial action could impact the negotiations currently underway with a strategic partner, intended to secure long-term commercial viability of the airline.

But Mr Justice Meli stated that the airline had failed to prove that the injunction was required to protect any of its rights.

In his ruling, however, Mr Justice Meli called on the parties to act in the best interests of the common good. In court last week, the airline pilots' union had allayed concerns that it was planning to keep Air Malta planes grounded, saying it was not considering any flight cancellations as part of their dispute over a new collective agreement.

However, they did not rule out delaying flights. 

Meanwhile, in a statement, the FORUM Unions Maltin said was satisfied that justice had prevailed in this case and that the court had ruled that industrial action was a right that was guaranteed by the Constitution. It said attempts to stop unions from enjoying such rights was “a serious concern” in today’s democracy.

FORUM expressed hope that there will be no further attempts to hinder the unions’ right of industrial action in the future.