Court dismisses former prison guard claim of unfair dismissal

A former prison guard’s claim that his right to a fair hearing had been breached when he was sacked has been dismissed.

Cassar was a correctional officer between 1996 and 2019, before his employment was terminated on the recommendation of the Public Service Commission (PSC) following disciplinary proceedings.

He claimed that the composition of the board, which included the person who had filed the report against him, and a lack of legal representation before the PSC, were in breach of his rights.

Emanuel Cassar filed constitutional proceedings against the Correctional Services Agency, Home Affairs Minister and the Public Service Commission in July 2021, alleging his right to a fair trial had been breached.

In an affidavit, Cassar testified that he started feeling pressure from his employers in November 2015, when he helped form a union within the correctional facility.

He claimed that former prison director Alexander Dalli had informed him about a “vindictive transfer” due to an incident with another prison official.

Cassar claimed the incident happened much earlier but had never been mentioned before November 2018. When he was transferred, Cassar took it so badly that he went out on long sick leave, a court heard.

According to Cassar, former head of operations Randolph Spiteri had insisted he wear a white shirt for work, leading him to conclude that he was being targeted as there were other officials who were wearing black t-shirts.

An email regarding the uniform was sent out by Spiteri, after which Cassar called him to enquire whether the order was applicable to everyone or if he was being targeted. Spiteri told him that another official had been warned, to which Cassar replied that they should refrain from targeting him [Cassar].

Spiteri replied that the Prime Minister had already signed Cassar’s termination, with the latter insisting that at that point he had not appeared before any board, the plaintiff claimed.

Eventually, Cassar appeared before a board composed of three prison officials: an assistant manager and two supervisors. He then appeared before the PSC.

When appearing before the internal board, Cassar said Spiteri and Dalli were present, but before the Public Service Commission, he claimed he had not been accompanied by the lawyer of his choice.

The Public Service Commission found Cassar guilty and recommended his employment be terminated.

Spiteri testified before the court saying that he had drawn Cassar’s attention for being “improperly dressed”. Cassar had called him and threatened him - a call that was deemed insubordination, leading to the disciplinary proceedings. 

A PSC representative testified that the correctional services director general had referred to the report of the disciplinary board on Cassar. It also emerged that Cassar had been handed a suspended sentence in separate criminal proceedings and had received a warning in 2018 valid for four years.

The First Hall of the Civil Court ruled that Cassar did not avail himself of ordinary remedies at his disposal before seeking recourse before the constitutional court. Instead of seeking judicial review, the plaintiff let time pass, and the action was eventually time barred.

The claim was dismissed.

Mr Justice Giovanni Grixti presided over the court.

Lawyer Josette Sultana appeared for Cassar.

Lawyer Miguel De Gabriele from the Office of the State Advocate appeared for the Home Affairs Minister, lawyer Corinne Pace from the same office appeared for the Public Service Commission and lawyer Mario Mifsud appeared on behalf of CSA.