Sep 19 - Montiel “Saddened” By Picardo’s “Undignified Gloating” – Read Full Response Here
The Chief Minister indulged in “undignified gloating” following the announcement yesterday that the Chief Justice had dismissed claims against the Government made by the former GSD minister Louis Montiel. This is according to a letter from Mr Montiel, which was sent to the press earlier this morning. The case in question concerned his re-instatement as an employee of the Gibraltar Development Corporation.
In the letter, Mr Montiel says that Mr Picardo’s reaction “saddened” him.
“I am particularly saddened, however, by the undignified gloating which emanated almost immediately from the Chief Minister who described my claim, amongst other things, as “abusive”. Quite apart from the judge accepting that I had an arguable case, it really ill becomes a Chief Minister to gloat about a court victory against a former political opponent who to this day continues to be deprived of his employment rights because of the actions of his Government.”
He then goes on to explain the reason behind why he was not given the opportunity to transfer to the Civil Service like other GDC employees.
“The reality is that the GSD Government decided to transfer all GDC employees to the Civil Service and offered all those employees the opportunity to do so. Of all the GDC employees who were offered that opportunity, only I have been denied the same. The distinction relied upon is a highly technical one: all the other GDC employees received Letters of Appointment, whereas I was told by officials that my Letter of Appointment was in the post and was stopped when the Government changed. Indeed, the Public Service Commission, an independent body under the much vaunted New Constitution, had advised the Governor to make the appointment. That advice never reached the Governor because there was a change of Government.”
The letter continues:
“The fact is that I had a contractual right to be reinstated into the GDC and I was told by the Human Resources Manager that I would be given the same opportunity as everyone else. That was accepted by the judge as factually accurate. Whatever the technical legal reasons behind the judgment, I have been victimised by not being offered the same opportunity as other GDC employees. In fact, my civil service claim carried no additional financial benefits over and above my GDC salary other than to seek protection from the abuse which I predicted and continue to endure.
“The Chief Minister, in his attempt to pour salt in the wounds inflicted on me and my family fails to mention that I was not actually reinstated into the GDC until July 2012, six months after the election and only after pressure from my lawyers. When I attended work after all that time, I was then told that I had to work as a receptionist because there was no job commensurate with my Grade 4 in the entire GDC. The judge has now said that I was entitled to be reinstated as from 12th December 2011.
“Nearly three years later and despite monthly letters from my lawyers, the GDC has still not found a job commensurate with my grade and I am still out of work. I could, of course, abandon everything I believe in and go to work as a receptionist, take the mocking laughs and take the money but I cannot allow myself to be bullied in that way.”
Mr Montiel also thanked all those who have supported him in his legal challenge.
“I want […] to thank the many well wishes who have sent me messages of support through what has been a very difficult period in my life for me, children and my wife Katy. I want to also thank Hassans Law Firm and my legal team. Without their help I would not have been able to stand up for myself and family.”
