Director files garnishee against GO Plc

GO mobile director Joseph Agius filed a garnishee order against Go PLC to ensure fair and unbiased disciplinary proceedings after the company's chief officer of human resources accused him of harassment.

The 41-year-old engineer asked the First Hall of the Civil Court to halt the disciplinary proceedings as the current appointments could prejudice his position.

Chris Cilia argued the current procedure does not ensure a fair and impartial hearing.

"It is the alleged victim, Michelle Bonnici herself who appoints the members of the disciplinary proceedings board," the lawyer held. 

The collective agreement signed between GWU and GO Plc, under which this disciplinary procedure is held, empowers the human resources officer to appoint the board members.

The collective agreement has been recently amended, making the disciplinary board an internal unit of the company.

Franco Masini, Peter Fenech and Gejtu Mercieca have been appointed on the disciplinary board. Cilia claimed he is not challenging the integrity of the chosen board members. However, two of the board members have been chosen by the company and Bonnici is part of the company's top ranks. 

The alleged offender proposed a board constituted by a nominee from the General Workers Union and a nominee from the company.

The two members will then choose a third person to act as chairman. The company rejected the proposal.

Cilia also proposed the party found at fault to pay the expenses of the board members. This will ensure the members will not look at any party as their source of income. GO plc also rejected this proposal.

If Agius is found guilty he will seek redress in an industrial tribunal. His position will be prejudiced if the board is constituted by persons of the company's choice, his lawyer said.

Lawyer Andrew Borg Cardona, appearing for GO Plc, explained to the court how GO Plc excluded Bonnici from anything related to the proceedings of her case.

The appointment of the board members was entrusted to her subordinate Ayrton Caruana.

GO PLc claimed there is no fear of lack of impartiality. Accepting a proposal other than that outlined in the collective agreement could prejudice the collective agreement itself, Borg Cardona argued

"Michelle Bonnici is simply a witness in this disciplinary procedure", he said.

The lawyer held that it is not unheard of that the industrial tribunal overturns decisions taken in internal disciplinary proceedings.

Judge Lorraine Schembri Orland temporarily accepted the garnishee order and will deliver her final decision by tomorrow.