MUMN slams 'unnecessary, deceitful' legal action when dispute was resolved

Updated 6.35pm with Health Ministry response

The Malta Union of Midwives and Nurses on Thursday slammed the government and Mater Dei Hospital management for filing an “unnecessary and deceitful” warrant of prohibitory injunction against it without informing it the dispute on nurses’ leave had already been resolved.

In a statement, the MUMN said the legal action was pursued despite the fact that the dispute relating to vacation leave arrangements for nurses working in Mater Dei’s cardiac catheterisation suite has already been resolved two days before the directives were due to come into effect, but “kept secret”.

However, the Health Ministry on Thursday evening "strongly denied" the union's claims insisting the "hard facts and chronology are altogether different". 

"MUMN's statements bear no semblance to the truth," the ministry said.

The union claimed it has “evidence” confirming that on December 2, MDH had already settled the issue concerning nurses at the Cath Suite who were previously being denied vacation leave unless they personally found a replacement.

Nursing management had, on that date, issued clear instructions for the reinstatement of the long-standing practice allowing two nurses per day to be granted leave without the need for replacement—consistent with decades of established practice and aligned with the 20% practice applied across all hospital departments.

Despite this resolution, MDH management and the Health Ministry “chose not to inform MUMN” and  filed a warrant of prohibitory injunction against the MUMN on December 3, “presenting the situation in court as if the dispute was ongoing”.

In its statement, the Health Ministry retorted with its own chronology of events to prove that it had "acted in good faith towards the MUMN.

The ministry pointed out the MUMN had issued a directive on December 2 to for the next day. This was later postponed to December 4. 

The directive "sought to block" life-saving heart operations at the Cath Suite, the only one on the Maltese Islands. 

On December 3, at 11.30am,  the ministry invited the union for conciliatory discussions but the MUMN declined the offer at 12.05pm, the ministry said.

It said that a second attempt at a meeting was made at 1.32pm but this too was rebuffed. 

"The ministry had no other recourse except for filing for a prohibitory injunction in order to safeguard the health and life of the heart patients scheduled to be operated upon," the Health Ministry said.

'Deliberate' 

MUMN accused the government and MDH management of deliberately attempting to conceal the resolution "to create a pretext for legal action.

"Had MUMN been informed, the directives would have been immediately withdrawn, and no court case would have been necessary," MUMN said.

“This behaviour demonstrates a serious breakdown in communication within MDH—if not outright deceit, treachery, and dishonesty.”

The union pointed out that for 29 years, two nurses have consistently been granted vacation leave daily within the Cath Suite without impacting patient care or causing the cancellation of a single operation list.

“This practice was never problematic, which is precisely why the issue was resolved quickly,” the union said, adding that MDH management “chose to hide this fact rather than admit its earlier error”.

The union remarked that this “unprecedented action” was a reflection of “hostility” towards the MUMN.

“This hostility comes at the expense of constructive collaboration, which is essential for safeguarding patient care,” MUMN said.