The Opposition disagrees with and rejects the view expressed by the Government in relation to the unfair dismissal of Joanna Hernandez by the Social Services Agency, which gives the impression that the Government bears no responsibility in this matter.
The Government is the employer for the whole of the public service and this includes persons in the Gibraltar Development Corporation, the Gibraltar Health Authority, the Gibraltar Electricity Authority, the Sports & Leisure Agency, the Elderly Care Agency and the Social Services Agency.
In these agencies and authorities, whether a person is a “civil servant” or a “public servant” to use the Government’s own terminology, depends on the nature of their contract of employment but does not indicate that they work for different employers. Indeed in many of these agencies and authorities there is a mixture of employees on civil service terms or public service terms. The pay of all these employees comes from the expenditure of public funds approved in the budget by Parliament. In the case of the Social Services Agency moreover the Board is not permitted to employ anyone without obtaining the approval of the Chief Secretary, as Head of the Civil Service.
In the case of Joanna Hernandez she was a civil servant in the Education Department for six years and was asked to resign as a condition of starting in the position of Manager of the Dr Giraldi Home. She finished therefore working in Education Department on Saturday 20th November and started at the Dr Giraldi Home on Monday 22nd November 2004. The decision to terminate her employment was taken by the Social Services Agency, the Agency in law is the Minister then Mrs Yvette del Agua as Chairperson and board members appointed by her and selected by her. The Opposition does not believe that employees of the Agency can or have been dismissed without the Agency’ approval at Board level. The Agency was represented by the Attorney General’s Chambers in resisting the claim for unfair dismissal when it was tabled in 2006 and then the case was contracted out two years later by the Attorney General to Messrs Triay & Triay.
It is clear from these facts that the Government has chosen to be economical with the truth and produce self serving arguments in order to protect itself from answering for and accepting the responsibility for the unfair dismissal that has taken place and its consequences.
The Opposition considers that the lecture that 6 Convent Place has chosen to include in its reaction, delivered to the Chairman of the Tribunal, is uncalled for. It is not unusual or unknown for chairmen of tribunals, magistrates or judges to express opinions when making judgements which are collateral views. Acceptance of the right of the judiciary to express independent views is part of the philosophy of defending and protecting the independence of the judiciary.
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