Compensation award for injustice

Mr Justice Lino Farrugia Sacco, chairing the Tribunal for the Investigation of Injustices, has recommended that Joseph Schembri be awarded Lm1,000 in compensation after he was transferred from his place of work in 1987.

Schembri, who was employed by the Public Works Department since 1979, claimed that he suffered an injustice when he was transferred to the Water Works Department in July, 1987.

He also claimed that he had been bypassed for promotion and requested the tribunal to award him compensation.

The tribunal heard that Schembri had been seconded to the Public Works Department from the Drydocks in 1978 and that he had been promoted to works manager in 1979, working primarily in the electrical and plumbing services of this department. However, in 1987 he had been transferred to the Water Works Department and assigned to the Manoel Island branch.

Schembri claimed that the situation was so disastrous that he was not even given a desk from which to work. He added that he had also suffered an injustice when another employee was appointed to the post of works manager II without a call for applications being issued.

In its judgment the tribunal dismissed Schembri's claim regarding promotion, as it resulted, from documentation exhibited by Schembri himself, that a call for applications had been issued.

The tribunal, however, upheld Schembri's claim concerning the transfer he had undergone.

The director of Public Works had not even attempted to justify the transfer that had been imposed on Schembri and the tribunal added that no transfer could be made capriciously as this would be in violation of workers' rights.

The tribunal therefore recommended that Schembri be awarded Lm1,000 in compensation.