The Ombudsman has reported to parliament that a recommendation for the education authorities not to discriminate against members of the UPE trade union has not been implemented.
The Union of Professional Educators (UPE) had alleged that its members faced discriminatory treatment after it issued industrial action directives.
Some heads of school requested written proof of UPE membership before allowing members to follow the directives. This occurred notably in primary schools in San Ġwann, Ħad-Dingli, Ħal Għaxaq, and Żejtun A.
No such requirement was imposed on members of the Malta Union of Teachers (MUT) or any other union.
Additionally, there was harassment of UPE members during a staff meeting at one school, which the union argued was discriminatory and in breach of the right to freedom of trade union association.
The Office of the Ombudsman said an investigation confirmed that UPE members were being asked to produce a written "personalised union directive" when following UPE-issued directives. This practice was not applied to members of other unions, creating an unjust and discriminatory requirement for UPE members.
There had also been an incident involving heated exchanges between a head of school and a UPE member, but this did not meet the threshold of harassment or maladministration under the Ombudsman Act.
The investigation reviewed the legal framework regarding union directives and membership. It was established that the Employment and Industrial Relations Act did not include the term "collective directives," which the Education Authorities cited as justification for their stance.
The Ombudsman said requiring proof of UPE membership infringed on privacy rights and was possibly inconsistent with GDPR requirements. The practice was unreasonable, unjust, and undermined, through the “chilling effect”, the right to free and unhindered union membership as protected by Article 11 of the European Convention on Human Rights.
The Ombudsman upheld the union's complaint to the extent that requiring a "personalised union directive" for UPE members to follow their union’s directives was discriminatory and contrary to the law.
The education authorities were called to immediately cease requiring a “personalised union directive” from UPE members.
Through its permanent secretary, the ministry indicated that it did not intend to abide by the recommendation, the Ombudsman's office said.
The report was sent to the prime minister but no action was taken. The Ombudsman and the Commissioner for Education therefore forwarded the Final Opinion, together with the correspondence to the Speaker for further consideration by the House of Representatives.