Cachia Caruana - chauffeur's sacking 'unrelated' to Belgian press reports

The Permanent Representative of Malta to the EU, Richard Cachia Caruana, has said the termination of employment of a former chauffeur for Dar Malta is “unrelated” to the fact that he had revealed he received irregular salary payments to the Belgian press.

Cachia Caruana’s office has been flagged by the Belgian ministry for employment over its irregular labour practices, denial of overtime and irregular salary payments to Belgian nationals.

In correspondence exclusively seen by MaltaToday, the director-general of the Belgian federal service of employment (FSE) has called on the Belgian kingdom’s chief of protocol, Ambassador Peter Martin, to bring the Permanent Representation in line with Belgian and EU law.

“I ask you to alert this employer of the necessity, imposed upon him by international conventions, of scrupulously following Belgian labour laws,” FSE director Michel Aseglio tells Martin, after listing a series of irregular practices concerning Michel Demol, a former Dar Malta employee.

Demol, a chauffeur at the representation, was fired on 4 March 2011after admitting to having spoken to Belgian newspaper Le Soir over the permanent representation’s irregular labour practices.

Cachia Caruana told MaltaToday that Demol was identified as the person who transmitted information to the press by the Belgian foreign ministry in its letter, on 24 March 2011 – 20 days after he was dismissed.

But Demol says he had already informed Victor Grech, head of administration at Dar Malta, that he had spoken to the press after Le Soir published revelations of the embassy’s undeclared salary payments on 4 February.

“The employment contract of Mr Demol was terminated on 4 March 2011 due to a number of serious reasons which we are, regrettably, unable to disclose for reasons of protection of personal data. It should also be noted that Mr Demol had already received a letter of warning in December 2009 covering many of the same issues which necessitated the warning letters in 2011,” a spokesperson for Cachia Caruana said.

Demol received two letters of warning on the 15 and 17 February, namely for not having returned DVDs he rented from the EU institutions’ library; and for having been late for work.

Cachia Caruana also said the conditions of employment of all locally engaged personnel are now in line with Belgian law, when asked about the letter from the FSE to the Belgian foreign ministry.

Specifically, the representation paid Demol a gross salary of some €1,200, deducted all taxation and social security contributions; but then added an extra €250-€350 allowance to top up his net salary – not as an extra benefit, but to reach the salary level he was entitled to in his employment contracts.

The FSE told the Belgian chief of protocol that the top-up was being paid “in cash and undeclared” to taxation authorities, as evidenced by the chauffeur’s annual tax return.

Additionally, the chauffeur and other former employees have told MaltaToday the smaller gross salaries have resulted in lower pension contributions, because it entitled them to smaller sickness and unemployment benefits (65% and 60% respectively of the gross). This fact alone has affected the living conditions of a former secretary who had been employed at the Maltese embassy to Belgiumfor 19 years. She claims she receives an €800 sickness pension today instead of an estimated €1,200 she could have received had she been paid according to the law.

Cachia Carauna said that while these conditions “were not the best available in Brussels in 1997 they were not the worst available either; the same applies to the 2011 conditions” – referring to the payment system allegedly adopted during the last Labour government.

“It has to be accepted, however, that the conditions for drivers employed by the Maltese government were and are relatively better than the conditions which apply to secretaries. This probably explains why Michel Demol who resigned twice to seek ‘better pastures’ – in 2007 and in 2009 – on both occasions asked for his resignation letter to be withdrawn within three weeks of submitting it.”

The chauffeur, employed since 2005, had exposed the permanent representation’s illegal employment practices to the Belgian press, which published the embarrassing revelations on 4 February.

A week later, the chauffeur confronted the representation’s head of administration over his irregular salary slips, and admitted that he had spoken to the press.

Demol also said is employment was also stopped just ten days shy of his fifth year in employment – which meant that, as per Belgian law, they had to pay him three months’ severance payment instead of six months.

Following the publication of this article, the Permanent Representation requested this right of reply (20 March 2011)

"Reference is made to the article placed on MaltaToday online on 18 April 2011, entitled ‘Cachia Caruana - chauffeur's sacking 'unrelated' to Belgian press reports’. This article contains a number of false allegations and inaccuracies which are being identified below:

  "Allegation: Mr Demol received two letters of warning on the 15 and 17 February for not having returned DVDs he rented from the EU institutions’ library; and for having been late for work

"This information is selectively chosen either by Michel Demol or by MaltaToday, or by both, in order to distort the truth.

"To date, in correspondence with your newspaper, the Permanent Representation of Malta to the European Union has preferred not to disclose personal information contained in the letters of warning sent to the employee in question.

"However, it appears that this information has already been disclosed to MaltaToday. In this context, the Permanent Representation is obliged to clarify that a warning letter dated 10 December 2009 was sent to the employee following prolonged absenteeism, abuse of sick leave, failure to report for a medical test, regular late reporting, aggressive and arrogant behaviour towards superiors, persistent refusal to obey orders, refusal to deliver the diplomatic mailbag and regular absence from work without leave.

"A second letter of warning, dated 15 February 2011, refers to unacceptable behaviour in terms of another member of staff and to a complaint lodged by the Staff Committee of the Council of the European Union on 15 February 2011 concerning the failure by Michel Demol to respond to repeated reminders to return DVDs to the Staff Library of the Council of the European Union.

"A last letter of warning, dated 17 February 2011 refers to consistent insubordination, the abuse of prolonged sick leave, regular late reporting, arrogant and aggressive behaviour, persistent refusal to obey orders, persistent refusal to deliver the diplomatic mailbag, regular absence from the place of work without authorization and a number of instances demonstrative of these attitudes.

"Allegation: Mr Demol was a chauffeur at the Permanent Representation of Malta to the EU

"Mr Demol was employed as a chauffeur with the Embassy of Malta to the Kingdom of Belgium and not at the Permanent Representation of Malta to the European Union. He was in fact the chauffeur of Ambassador Pierre Clive Agius.

"Allegation: Mr Demol had confronted the representation’s head of administration over his irregular salary slips, and admitted that he had spoken to the press

"This statement is totally false and has obviously been made either by Michel Demol or by MaltaToday, or by both, to attempt to substantiate Michel Demol’s claim that his dismissal was due to his having leaked a story to the press. The Head of Administration for the Embassy and the Permanent Representation categorically denies that Michel Demol confronted him a week after 4 February 2011 over his salary slips and that Michel Demol ever told him that he had spoken to the press."