Principal Permanent Secretary Mario Cutajar is to enter into discussions with the government over compensation after an Employment Commission found that in 2008 he was discriminated against because of his political beliefs.
The commission said Mr Cutajar was discriminated against when he was denied reappointment as Head Visitors Services when working at Heritage Malta.
In a 20-page decision, the commission looked into a case which Mr Cutajar lodged in 2009 against Heritage Malta and the prime minister of the time.
The commission heard how he was diligent in his work and had performed very well in the three years prior. He got 93, 95 and 98 per cent in his appraisals between 2005 and 2007.
It heard several witnesses testify that Mr Cutajar was instrumental to the heritage agency over the years and had also been actively involved in the production of several heritage events.
Mr Cutajar’s colleague, Kenneth Gambin, testified that the agency’s attitude towards Mr Cutajar changed all of sudden and it was certainly not linked to any problems with his productivity.
He told the commission that he had intervened because he felt that Mr Cutajar was being treated unfairly.
During one of the discussions with his superiors, he was warned the latter also had a family and that his contract was due to be renewed, just like Mr Cutajar.
He had taken this as a veiled threat to stay out of it.
This and a string of other circumstantial evidence, the board said, was enough to conclude that political views were the reason behind the termination.
Mr Cutajar had become combative, insubordinate, rude, insulting and challenged me in private and in front of others
The commission heard how the termination was the result of differences between Mr Cutajar and the chief executive officer of Heritage Malta at the time, Luciano Mulè Stagno.
The latter testified that he had terminated Mr Cutajar's contract because “he crossed the line”.
“A line was crossed… he had never before told me he did not want to do something I asked him to do… he had never publicly argued with me and he had never before asked someone not to do something I asked that person to do. At that point I saw that we had crossed to the other side,” he said.
He added Mr Cutajar had become “combative, insubordinate, rude, insulting and challenged me in private and in front of others”.
He confirmed that the reason for renewal was not performance-related but Mr Cutajar’s attitude, as well as lack of trust.
The commission concluded that the only reason that he was not reappointed was due to his political views. It therefore gave three months for the parties to agree on the compensation.
Mr Cutajar is claiming he lost around €17,800 a year as a result of the denied renewal.