An action for a warrant of prohibitory injunction filed by the Education Ministry against the Malta Union of Teachers and the Union of Professional Educators will have to be re-assigned following the recusal of the judge.
The application for the court to stop industrial action by teachers was filed over the weekend after the trade unions registered an industrial dispute in protest over the manner how peripatetic teachers were redeployed to plug a shortage of teachers.
The case was assigned to Mr Justice Robert G. Mangion who appointed a first hearing on Tuesday morning.
But when the sitting got underway, lawyers representing the unions raised a preliminary issue, drawing attention to the fact that the judge’s wife is a member of one of the unions.
Mr Justice Mangion invited both sides to make submissions on the issue of recusal.
Citing local and EU case-law, lawyer Keith Borg assisting the MUT, pointed out that, without casting any shadow of doubt on the integrity of the sitting judge, justice had to “be seen to be done.”
Given the sensitivity of the dispute, which had also hit the news headlines over the past days, it would be better for the judge to withdraw so as to dispel any doubts as to the impartiality of the proceedings, said the lawyer.
The ministry's lawyer, James D’Agostino agreed that case-law on the subject spoke clearly and also expressed trust in the discretion of the sitting judge.
After temporarily suspending the sitting, Mr Justice Mangion returned to the courtroom and delivered a decree upholding the request for recusal.
The case will now be re-assigned to another judge.
Education authorities were represented by Permanent Secretary Frank Fabri, Director General Educational Services Emil Vassallo and Director Education Resources Lucienne Calleja.
The MUT was represented by president Marco Bonnici and other union officials, while the UPE was represented by chief executive officer Graham Sansone.
Lawyers James D’Agostino and Dennis Zammit assisted the applicants.
Lawyers Keith Borg and Rebecca Mercieca assisted the MUT.
Lawyers Marion Camilleri, Franco Debono and David Camilleri are representing the UPE.