Compensation for violation of rights reduced at appeal

The government saved €16,000 after a Court of Appeal reduced the compensation owed to four former stevedore foreman for the violation of their human rights from €6,000 to €2,000 each

Back in 2007, the men, Anthony Attard, Armando Chircop, Anthony Spiteri and another Anthony Attard filed a Constitutional application claiming a legal notice promulgated in that year forced them and other port workers to retire at 61.

The suit was filed against Union Haddiema Magħqudin, the Malta Maritime Authority, the Prime Minister, the Minister for Competitiveness and Competition and the Attorney General, but the UHM and the authority were exonerated from paying damages.

In September 2013, Judge Anthony Ellul decreed that the stevedore’s licence was their property and failure to renew their licences violated the men’s right to enjoyment of their property.

The Court awarded them €729,413 in compensation for lost salaries and ordered that each is paid €6,000 in damages for the violation of their human rights.

The Prime Minister, the Minister for Competitiveness and Competition and the Attorney General appealed judgement arguing the amount of damages awarded was too much.

At the same time the plaintiffs also filed an appeal claiming their compensation was not enough.

Chief Justice Silvio Camilleri and Judges Giannino Caruana Demajo and Noel Cuschieri ruled that the compensation awarded to the four men covered years when they were not performing their jobs.

“That span of time could have been used to the plaintiffs’ advantage, and the court cannot overlook such possibility,” the court said.

The three judges partially upheld the appeal filed by the defendants and reduced the compensation owed to the four men for the violation of their human rights from €6,000 to €2,000 each.

The Court confirmed that the plaintiff’s should be paid the sum of €729,413 in damages for lost earnings.

The appeal filed by the plaintiffs was rejected with the court stating that the first court took into consideration all variants and issues related to the loss of the former stevedore’s jobs.