In accordance with Article 22(4) of the Ombudsman Act, the Ombudsman, Judge Emeritus Joseph Zammit McKeon, has forwarded to the House of Representatives the Final Opinion on a case involving two members of the Control Committee. The case revolves around their claim for unpaid remuneration, which was denied by the Ministry for Lands and the Implementation of the Electoral Manifesto.
The complaint
The complainants, both members of the Control Committee since January 2002, raised concerns regarding their remuneration. They claimed they were entitled to back payments according to updated remuneration rates introduced by the “Manual for Setting the Categorisation, Classification and Remuneration of Government-Appointed Boards and Committees” in January 2017. However, while their remuneration was adjusted in May 2022, the arrears dating back to 2017 were not honoured, prompting the complainants to seek the intervention of the Ombudsman
Facts and findings
The investigation revealed that the complainants had been serving on the Control Committee since 2002. This committee was established under the Ecclesiastical Entities Property Act, following an agreement between the Holy See and the Government of Malta. Initially, their annual remuneration was set at €1,750 (or Lm750 in pre-euro currency).
In 2023, the complainants became aware of the updated remuneration guidelines introduced in 2017, which should have applied to their role. However, when they requested the updated rate along with arrears from January 2017, the Ministry only adjusted their remuneration from May 2022 onwards, without retroactive payment. The Ministry argued that the committee’s nature did not warrant an earlier adjustment per its interpretation of the relevant guidelines.
Conclusions and recommendations
The Ombudsman concluded that the complainants’ grievance was valid. He found no objective reason to deny the back payment of their remuneration, as the Ministry had accepted the need for adjustment but arbitrarily applied it from 2022 instead of the rightful date in 2017. The Ombudsman recommended that the Ministry pay the outstanding remuneration from January 2017 in accordance with the guidelines set out in the manual.
