MATCA, the Malta Air Traffic Controllers Association has won the right, if ever it was in doubt, to call it members to obey legally valid directives in view of an industrial dispute in place. This was affirmed by the First Hall of the Civil Court presided over by the Chief Justice in a decree given today 10th July, following a warrant of prohibitory injunction attempted by MATS, their employer.
Jibda biex jinghad illi s-servizz soggett ghal dan il-mandat hu wiehed essenzjali u ghalhekk ma jistax jitwaqqaf. Daqstant iehor hu principju rilevanti illi trade union ghandha kull dritt li tohrog direttivi specjalment fejn gia hemm avviz ta’ tilwima industrijali u ma titnezzax mill-funzjoni ewlenija taghha li thares il-jeddijiet tal-membri taghha fl-interess taghhom sakemm mhux ghal ragunijiet gravi jew serji.
The Court also affirmed that whatever agreement was reached between the union and employer during the pandemic, was temporary in nature and should not be, unless there is agreement, prolonged to the period when the pandemic is no more.
Lastly, and equally very importantly, the court said “sitwazzjonijiet simili ta’ nuqqas ta’ qbil ma jigux solvuti b’mandat ta’ inibizzjoni izda bil-proceduri ta’ natura industrijali li huma accessibbli ghal partijiet”.
MATCA was assisted by Dr Ian Spiteri Bailey