A former bus dispatcher has claimed he was forced to leave his job after the public transport company imposed new working times that he could not accept for family and health reasons.

Emanuel Theuma complained that he was given no option and the new working hours were imposed on him without consultation or prior notification.

In a judicial protest filed in the First Hall of the Civil Court, Mr Theuma called on the court to declare that he was forced out of his job and that his employer, Malta Public Transport Ltd, had breached its legal obligations.

Through his lawyer, Josette Sultana, Mr Theuma explained that last June 5, he was informed about a new roster that had been introduced and which would have seen him working night shifts.

He said he informed his direct superior that he was unable to work the night shifts due to health and family reasons. He added that the company, with whom he had worked for the past five years, knew of these circumstances.

Two days later, he called the duty dispatcher to inform him that he could not report for work at the times indicated to him.

Theuma was unable to work the night shifts due to health and family reasons

A week later, on June 14, the company’s head of human resources wrote to him informing him that his unauthorised absence from work meant that he was effectively abandoning his job. For this reason his employment with Malta Public Transport was terminated and considered a voluntary resignation.

But in a reply, Mr Theuma categorically refuted claims that he had resigned and insisted that he would return to his job if the previous roster was reintroduced.

Moreover, he claimed that the company was breaching subsidiary legislation with the new roster as the minimum requirement of 11 hours of rest in between shifts was not being respected. On certain days there was only an eight-hour gap between the night shift and the day shift.

In addition to this, Mr Theuma quoted subsidiary legislation that governs night work. One particular clause states that: “Prior to assigning a worker to carry out night work and at regular intervals thereafter, it shall be the duty of an employer to take the necessary measures to ensure that the worker concerned undergoes a suitable health assessment to determine the worker’s health status in order to ascertain fitness for the proposed work.”

Another clause states that if a registered medical practitioner advises that a worker is suffering from health problems and could not work nights, the employer was duty-bound to find alternative employment.

Mr Theuma therefore called on the company to come forward to discuss a possible solution and avoid unnecessary further legal action.

matthew.xuereb@timesofmalta.com