A qualified nurse who in August 2011 was transferred from a highly specialised ward at Mater Dei hospital to St Vincent de Paule was awarded €16,270 in compensation today.
Rita Vella had been employed as a registered nurse with the state hospital since 1997, a court was told. Following an application in 2000, she obtained a placement at the Cardiac Catheterisation Suite, where she was promoted to staff nurse in 2005.
The court was told that after Ms Vella had taken part at a conference in Cyprus, she noted a changed attitude in her regard by some of her colleagues. Matters grew worse following an incident in May 2011 involving a pager used by nurses in case of an emergency.
Although Ms Vella filed a violence/harassment report, her claims were ignored. However, a report filed by the other party, fellow nurse Denise Tabone, ended up with Ms Vella having to face a disciplinary board.
The court heard how, in August 2011, the applicant was given a 48-hour notice to report for duty at St Vincent de Paule. Her husband, who also performed nursing duties in the same ward, was also served with a notice of transfer.
The court, presided by Mr Justice Joseph R Micallef, observed that the applicant had not been given the right of a fair reply before the disciplinary board. Her own report against her colleague had apparently fallen on deaf ears.
Moreover, it was observed that the departure of Ms Vella from the Cardiac Catheterisation suite had caused negative repercussions. Robert Xuereb, a doctor, had testified on oath that Ms Vella was a professional who did her work well and who had given "a valid contribution to the proper management of that specialised ward."
It was noted that the applicant was transferred when the proceedings before the disciplinary board had not yet been finalised. The court in fact observed that all charges against Ms Vella had been dropped and the board had simply issued a warning.
The court, after declaring the Foundation for Medical Services to have been non-suited, concluded that the Chief Medical Officer had indeed acted beyond the powers granted to him by law when he ordered the transfer of Ms Vella. This amounted to an abusive administrative action which went against the principles of natural justice and so called for an effective remedy.
Referring to juridical sources, the court declared that " the remedy of damages....an essential element in the protection of the citizen against public authorities is......a means of ensuring that powers are exercised responsibly in good faith and with due care."
The court, after declaring the transfer to have been abusive, ordered the reinstatement of the applicant. It condemned the Chief Medical Officer to pay Ms Vella the sum of €16,270 by way of compensation.
Lawyer Michael Tanti-Dougall was counsel to the applicant.