Judge recuses himself from hearing injunction filed by Education Ministry against unions

The judge allocated to hear 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, has recused himself.

The judge pulled out of the case after lawyers highlighted the fact that his wife is a union member.

The application for the warrant, aimed at stopping industrial action by teachers was filed after the trade unions registered an industrial dispute over the manner in which peripatetic teachers were being used as a stopgap measure to make good for a shortage of teachers.

Scores of peripatetic teachers were advised over the weekend that they would be assigned to classrooms in State primary school. The school year for government schools opens on Wednesday.

The case was assigned to Mr Justice Robert G. Mangion who appointed a first hearing on Tuesday morning. When the sitting began, the lawyers representing the unions, highlighted the fact that the judge’s wife is a member of one of the unions.

Citing local and EU case-law, the MUT’s lawyer Keith Borg pointed out that although the judge’s integrity was not being questioned, justice had to “be seen to be done.”

In view of the sensitivity of the dispute, he said, it would be better were the judge to recuse himself and not give rise to any doubts as to the impartiality of the proceedings.

Lawyer James D’Agostino, appearing on behalf of the ministry, agreed, saying that case-law on the subject was clear. He also said he trusted the discretion of the sitting judge.

Suspending the sitting briefly, Justice Mangion later returned to the courtroom and handed down a decree upholding the request for his recusal. The case will now be re-assigned to another member of the judiciary.

Permanent Secretary Frank Fabri, Director General Educational Services Emil Vassallo and Director Education Resources Lucienne Calleja represented the education authorities.

The MUT president Marco Bonnici and UPE CEO Graham Sansone appeared for their respective unions.

Lawyers James D’Agostino and Dennis Zammit assisted the applicants. Lawyers Franco Debono, Marion Camilleri and David Camilleri are representing the UPE. Lawyers Arthur Azzopardi, Keith Borg and Rebecca Mercieca assisted the MUT.