Judge upholds teachers’ right to file civil suit for compensation

The Constitutional Court threw out a request by the Directorate for Educational Service to declare that a civil suit filed by now assistant head Mario Bezzina, claiming inhumane and degrading treatment at the hands of the directorate, as frivolous.

In 2003 the plaintiff arrived from Tunisia and enrolled as a teacher at the Gzira Boys Secondary School. However, five years later, relations with co-workers took a bad turn when the teacher's superiors allegedly divulged confidential information he had passed on to them, to his own colleagues.

Bezzina had claimed with his superiors that two fellow teachers were still signing for work when they were on sick leave. The report was submitted in 2008. Following his report, the plaintiff claimed that the Directorate had revealed his identity with the two suspects.

Bezzina claimed that, as an act of revenge, the two teachers spread rumours about him, leading him to complain with the directorate about their behaviour. An investigative board was appointed but no evidence was found to sustain Bezzina's claims.

The man felt aggrieved by the board's decision and by the way investigations and verifications had been done. He claimed the department failed to protect his reputation, breached professional secrecy by divulging confidential information about him, that he suffered harassment at work and was not promoted to assistant head the first time he applied for the post. He also said he was treated inhumanely and the directorate breached his fundamental human rights.

The defence counsel argued that while the plaintiff reiterated that he had been found guilty of unethical behaviour, he failed to explain when, how and who had found him guilty and of what, as the directorate never instituted any proceedings against the plaintiff. Moreover Bezzina did not explain how the directorate interfered in his personal life and subjected him to inhuman and degrading treatment.

"Neither had the teacher at any time sought the help of the police to protect his reputation against the alleged slanderous actions of his colleagues. Bezzina's claim that he was not appointed assistant head due to rumours being spread about him is false, as at the time he did not have enough service years to apply for the post. In fact in 2011 he was given the post of assistant head at Tarxien primary and lately he was offered the post of Acting Head of school," the defence said.

The directorate claimed that Bezzina's Constitutional application was an abuse of constitutional proceedings as he had not exhausted other remedies prior to filing his case.

Mr Justice Joseph Azzopardi held that while Bezzina could have followed other remedies, these would have been in the guise of criminal proceedings. "Such would not have awarded the alleged victim any compensation for damages. However the Civil and the Constitutional Courts can award damages", the court said.

Judge Azzopardi concluded that Bezzina had a right to file his civil case. The court threw out the request of the Directorate for Educational Service and ordered that Bezzina's case continues.