Injustices Tribunal recommends Lm1,000 payment

Magistrate Michael Mallia, presiding over the Tribunal for the Investigation of Injustices, yesterday recommended that Maltacom plc pay Lm1,000 to Alfred Grixti to compensate him for the injustice he had suffered in 1994.

The ruling was delivered following an application filed by Grixti against Maltacom (as successor to Telemalta Corporation).

Grixti had claimed that he had sustained an injustice when he had applied for the post of human resources development manager at Telemalta and had not even been summoned for an interview.

The tribunal heard that Grixti had applied for the post that was advertised in the press on July 15, 1994. His application was acknowledged one week later but on July 30, 1994 he was informed in writing that his application had not even been shortlisted for an interview.

He subsequently discovered that this post had been filled by a certain Michael Debono who, according to Grixti, was not as well qualified for the job.

Grixti said he had contested the general election of 1992 as a Malta Labour Party candidate and that in 1994 he served as member of the MLP's national executive.

Maltacom contested the application and argued that no injustice had been perpetrated on Grixti.

Magistrate Mallia noted that the most important witness in this case was Raymond Fava, Maltacom's secretary.

He explained to the tribunal that in 1994 Telemalta Corporation had planned on appointing a chief executive officer and four assistant general managers.

An agreement was reached with the General Workers' Union whereby the union would not be involved in the appointment to the posts of assistant general managers and higher ranking posts.

The witness told the tribunal he had not managed to find the report of the selection board and of the procedures. This was due to the fact that Telemalta's offices were originally at Pender Place, St Julians, but when this was demolished the documents had all been taken to the archives at Marsa and not stored in any order.

However, Fava managed to find some documents including the names of the various applicants to the post applied for by Grixti and their respective CVs.

Dr Mallia declared that when one compared Grixti's CV to that of Debono there was no doubt that Grixti's was more impressive.

The tribunal concluded that the principles of natural justice had not been observed in Grixti's case for he had been entitled to be summoned for an interview or at least to be told why his application had not been accepted. This was not justifiable behaviour on the part of a public corporation.

Dr George Abela was counsel to Grixti.