Protection against political discrimination in employment under Maltese law

Abstract

This thesis aims to give a comprehensive overview and a deep insight of the protection against political discrimination in employment under Maltese law. The Thesis is divided into five Chapters. A general introduction serves to prepare the reader to delve into the subject with the right track of mind. The first Chapter deals with the constitutional provision dealing with the fundamental human right not to be subjected to political discrimination as applicable to employment. A critical review of all cases which involved political discrimination in employment which have been dealt with by the Constitutional Court, is conducted. Chapter Two tackles the Employment Commission, the Industrial Tribunal and the Public Service Commission respectively. This Chapter includes also a critical review of cases dealt with by the Employment Commission and of one decision of the Industrial Tribunal. Relevant information about the Public Service Commission in the context of the subject tackled is also imparted. Chapter Three revolves around ad hoc remedies. These, it is submitted, serve to protect indirect political discrimination in employment. Also Chapter Four concerns the European Court of Human Rights and how it is faring with cases of political discrimination in employment. Chapter Four together with Chapter Five give a global turn to the Thesis. Indeed Chapter Five tackles the position under the European Social Charter, the International Labour Organization and the European Union as far as political discrimination in employment is concerned. Without Chapter Five the thesis would have lost much of its value since I believe in the motto that we have to act locally but think globally. The major findings of the thesis are summarised in the conclusion of the thesis, which conclusion follows Chapter Five.