Former MCAST principal Joachim James Calleja has taken his former employer and education authorities to the Industrial Tribunal, claiming his dismissal as college head was “totally unjust and unfounded”.
The court action comes in the wake of a damning report by the Education Commissioner within the Ombudsman’s Office which concluded that the dismissal was “both unreasonable and unjust”.
Calleja has now taken his case a step further by filing his grievances before the Industrial Tribunal.
He had been appointed college principal and CEO for a fixed term according to the Education Act. In March 2021, his contract was extended by MCAST’s Board of Governors until May 31, 2026.
But last June he was informed that his post was being terminated, with the end date set for August 31.
Calleja is arguing that his post did not fall within the remit of the Public Administration Collective Bargaining Unit but was subject to the college’s own Board of Governors.
Such a measure was intended precisely to ensure that the college would be academically and administratively independent.
When his contract was extended in 2021, MCAST’s board members were well aware of the principal’s “advanced age”.
His contract of employment - both in its original form and when extended - made no reference to any required approval by the Minister or his permanent secretary.
That contract was governed exclusively by the Employment and Industrial Relations Act. No other conditions applied, argued Calleja, claiming that his dismissal was illegal and unjust.
That was also the conclusion reached by the Education Commissioner in his final opinion delivered in August.
In his claim, filed against the Education Minister, the permanent secretary, MCAST and the State Advocate, Calleja called upon the tribunal to declare his dismissal “totally unjust and unfounded”.
He also requested the tribunal to order the respondents to pay any sum awarded as compensation in this employment dispute.
Lawyers Jose’ Herrera, Matthew Xuereb and David Camilleri are assisting the applicant.