Port worker’s daughter persists with claim for compensation

A woman who was declared by a court to have suffered a breach of human rights after she was forbidden from inheriting her father’s job as a port worker but then lost a claim for damages in a civil court has turned to the constitutional court once again.

The case dates back to 1993 when Victoria Cassar sued the Port Workers Board because her request to fill her father’s port worker job after he retired in 1992 was refused, on the basis that she is a woman. Another reason why she sued was the fact that her uncle had been accepted to replace her father.

Cassar claimed to have suffered a substantial loss of earnings, and demanded damages in a civil case.

Back in 2000, the first Hall of the Civil Court, in its Constitutional jurisdiction, ordered the Port Workers Board to allow Cassar to register herself as an eligible port worker as from 1992. This was appealed by the Board, however the courts confirmed the original judgment. Cassar’s lawyers then filed a civil case for the liquidation of damages in 2012. She was awarded €799,168 in damages.

This was also appealed by the Board, and a Court of Appeal overturned the initial civil case decision, stating that the Port Workers Board held no liability for the damages suffered by Cassar.

Cassar’s lawyer, Tonio Azzopardi, has now filed a Constitutional application arguing against the appeal judgment which prevented her from being awarded the sum, arguing that it is incompatible with the Constitutional Court’s original decision because it violated her constitutional right to freedom from discrimination. It was also argued that the move to prevent her from being awarded damages constituted degrading treatment.

Azzopardi added that the Court of Appeal had an obligation to take a decision in line with the Constitutional Court’s decision on discrimination.

Azzopardi contended that the Court of Appeal had effectively removed an unalterable court decision, which constitutes a breach in the right to a fair hearing. He added that the State was liable for the actions carried out by the Port Workers Board, especially since it allowed such rampant discrimination on the basis of gender. He argued that the State was also liable for Cassar’s loss of earnings.

The Constitutional application requested that the court state how Cassar suffered a violation of her fundamental human rights, that she be given her father’s licence, that the May 2017 Court of Appeal judgment be revoked, the payment of liquidated damage, consequential damages and moral damages.

A judicial protest was also filed together with the Constitutional application, this time on behalf of Cassar’s son, Carlo. He argued that he had a legitimate expectation to inherit the port worker licence from his mother. Cassar is holding the Transport Minister, Transport Malta and the Port Workers Board responsible for damages in the judicial protest.