Education Authorities Found In Breach Of Trade Union’s Rights And Privacy Laws
Ombudsman Vincent de Gaetano has found the education authorities in breach of trade union rights and privacy laws when it issued specific requirements to members of a minority educators’ union.
The Union of Professional Educators had filed a complaint after alleging unfair treatment of its LSE members at the San Ġwann, Dingli, Ħal Għaxaq and Żejtun primary schools who followed directives.
The union warned that heads of school had asked these members to produce written documentation proving their UPE membership before being “allowed” to follow these directives.
It warned that this amounted to discriminatory behaviour since members of other unions were never given the same treatment.
Vincent de Gaetano, a former Chief Justice, remarked that he takes a “dim view” of union directives that cause “disproportionate harm to the most vulnerable society” but that directives must be considered legal by all parties unless they are found illegal by the courts.
In the UPE’s case, this didn’t happen, with the First Hall of the Civil Court throwing out an attempt by the education authorities to issue a warrant of prohibitory injunction.
The Ombudsman rubbished the Education Ministry’s Permanent Secretary’s defence of its stance, which argued that only majority unions can issue directives on collective matters.
He noted that this doesn’t feature in the law, which only states that majority unions have sole power when it comes to collective bargaining, and not collective directives.
In fact, he described the Permanent Secretary’s explanation as “slightly embarrassing”.
“One struggles to find the rationale of this in the law. In fact, the practice has been that a minority union can issue directives which can also be followed by non-members,” he wrote.
He warned that the so-called “personalised union directive” raises privacy and GDPR concerns, is in prima facie breach of the law, and has a chilling effect on free and unhindered union membership. It therefore ordered the education authorities to immediately cease such actions.
The UPE welcomed this judgement.
“As the UPE celebrates this critical victory, it stands as a testament to the ongoing fight for fair treatment and recognition of all educational professionals, reinforcing the ideals of equality and fairness within Malta’s educational landscape,” UPE executive head Graham Sansone said.
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