Oct 21 - GSD Repeats Concerns Following Award In Bus Company Case
The GSD says it would like to remind the public will about the concerns it raised over Mr Sardeña’s claim against the Gibraltar Bus Company Limited for unfair dismissal. As predicted, says the GSD, the “unexpected and sudden withdrawal” by the Government has resulted in a “significant award” of £51,238.40 being made to Mr Sardeña. This information was revealed in answer to questions put to the Government by Mr Selwyn Figueras.
It will be recalled, says the GSD, that Mr Sardeña brought a claim for unfair dismissal against the bus company, the shareholder of which is the Government. At the time that the claim was brought, the GSD was in office and Mr Sardeña was represented by Mr. Bossano and, at one point, Mr Picardo. The Company defended the claim on independent legal advice. Almost at the end of the trial, the case was stopped. The reason for this was that Mr. Sardeña was charged with fraud for providing fraudulent documents to the very tribunal that was hearing his unfair dismissal claim. Importantly and significantly, says the GSD, Mr. Sardeña was found guilty of fraud.
The GSD now argues that, following the general election, instead of the case proceeding to a conclusion in the ordinary way, in what it describes as “an act of clear political manipulation,” the Gibraltar Bus Company was instructed, not by its directors but by its shareholder, the Gibraltar Government, to withdraw the defence.
Surprise is expressed in the judgment that despite a ‘long, heated and incident laden series of hearings...the Respondent’s decision not to defend the claim took everyone by surprise, not least this Tribunal.’
A statement from the party concludes: “The effect of the withdrawal was that no evidence was produced by the bus company and it was therefore not able to prove that the dismissal was fair or justified. All that Mr Sardeña was waiting for was how much money he was going to get in compensation from the Bus Company, or in other words, from the taxpayer.
“The end result is that Mr Sardeña has been awarded a very significant sum in Industrial Tribunal terms, which includes double the amount of the basic award reaching a total of £51,238.40”
