Clodhopping, dangerous amateurs: and Jose Herrera is supposed to be a lawyer. Wasn’t the permanent secretary consulted? Or are they all lying?
Let me through: I’m the boss of culture and the arts in Malta
Jose Herrera said to the press that Davinia Galea, who led the Malta Council for Culture and the Arts, was on a three-year contract and that she was fired because it had expired.
Mrs Galea, however, insisted that she was on an indefinite contract.
Mrs Galea is right and Jose Herrera is wrong or lying. I find it hard to believe that somebody who has been a lawyer for all these years did not bother to consult the law.
But I don’t find it hard to believe that he didn’t bother to consult the ministry’s permanent secretary, whose job it is to advise on these matters, and who would have told him that fixed-term contracts, if allowed to run after they have expired, automatically become indefinite contracts.
Davinia Galea was originally on a three-year contract but has been there for much long, which means that she is now at law under an indefinite contract.
Article 7 (1)(a) of Legal Notice 51/2007 (Contracts of Service for a Fixed Term Regulations, 2007) says:
A contract of service for a fixed term shall be transformed into a contract of service for an indefinite period if the employee has been continuously employed under such a contract for a fixed term, or under that contract taken in conjunction with a previous contract or contracts of service for a fixed term in excess of a period of continuous employment of four years.
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You never learn do you. This measure for the protection of workers was introduced during the previous administration, so it doesn’t count.
Heard that they’ve appointed that escaped garden gnome, Albert Marshall, instead of her.
Didn’t they say that they wanted ‘new faces’? They voted for change and got a geriatric department.
In his nervous press interview on timesofmalta.com, he hinted that they threatened the post would be abolished through the splitting aka we realised we cocked up so we are opting for redundancy.
http://www.timesofmalta.com/articles/view/20131129/local/culture-council-ceos-contract-expired-parliamentary-secretary.496795
Consulting the law is one thing, understanding its provisions is another.
“Hallini, majs, ha immur nara kif gidbitni dik ic-cuc”
If I’m not mistaken if you’re under an indefinite contract and her/his work is no longer needed, then that person retains her/his salary….. even if s/he does the job of a clerk.
Jien nahseb li l-frustrazzjoni li ghandu ghax il-PM m’ghamlux ministru tal-gustizzja, qieghed ipattiha lil haddiehor.
I do not think that Dr Herrera failed to get advice. The photograph clearly shows him attentively listening to whispered advice from those around him.
Imbasta jghidu li jridu jiggieldu l-prekarjat.