Issue link: https://maltatoday.uberflip.com/i/1538322
8 maltatoday | SUNDAY • 10 AUGUST 2025 OPINION / LAW ON 23 July 2025, Magistrate Donatella Frendo Dimech delivered a powerful judg- ment in the case, Police vs Francesco sive Frank Schembri and Edward Schembri. This case served as a striking reminder of the responsibilities that employers have towards their employees, especially in re- lation to lawful employment, registration, and safety at work. The case concerned a third country na- tional from Albania, Boiken Cela, who started working with the company Schem- bri Infrastructure Limited in March 2020. Company employee Johann Farrugia in- formed Cela that although the single per- mit had not yet been issued, he could still start working for the company. However, although Cela started working in March, the company failed to register his employ- ment with Jobsplus. Just two months into his employment, on 11 May 2020, the employee suffered an ac- cident at work, resulting in the amputation of his fingers on one of his hands. At hos- pital, he was made aware that removing all his fingers was the only option to save his life. Despite the fact that Cela's injury was clearly a work-related injury, his employ- ers failed to pay him his salary and for the one year injury leave to which he was en- titled. In fact, the Company owed Cela the total sum of €17,051, consisting of €14,415 in salary owed between May 2020 and May 2021, €267 in pro-rata weekly allowances, €315 statutory bonuses, €617 in public holiday entitlements and €1,434 in accu- mulated but not utilised vacation leave. However, the company withheld these sums from him. Instead, when approached by the rele- vant authorities, the company claimed that Cela was never employed with them and they ignored the Department of Em- ployment and Insutrial Relation's claims for payment. Since Cela was not regis- tered with Jobsplus and his employer did not pay his social security contributions during his two months of employment, Cela was also ineligible for any social security benefits, including injury leave benefit. This was also confirmed by a rep- resentative from the Department of So- cial Security. During court proceedings, the court was also informed that Schembri Infrastruc- ture Limited failed to register another six workers who were carrying out employ- ment with the company. When the employers subsequently ad- mitted that Cela carried out work for them, they erroneously stated that Cela was paid €5 an hour as indicated in the Contract of Employment submitted to Identita. However, the DIER presented ample evidence that Cela was in actual fact paid €7 per hour and that the em- ployer did not make a distinction be- tween his basic pay and overtime rate. The company kept insisting that Cela was paid €5 an hour in order to pay his injury leave at this rate. In fact, during the court proceedings, the company offered Cela a cheque of €3,884, which he did not accept. The court described the employer's conduct as truly shameful, highlighting th company's blatant attempt to manip- ulate the truth to evade responsibility. Magistrate Frendo Dimech condemned the treatment of workers who are used as tools by their employers, devoid of dignity or legal protection, and under- scored the employer's moral and legal obligations to safeguard workers' rights. The court found both directors of the company guilty and ordered them to pay the fine of €1,500 each, alongside the sum of €17,051 to the employee. Addi- tionally, the court ordered that in light of the declarations which were made in re- lation to the conditions of employment and wages to the DIER and Jobsplus, and in light of the testimonies which were given by company employee Rodianne Brincat, that a copy of the judgment to- gether with a copy of a number of testi- monies are to be communicated to the police commissioner to consider wheth- er further action in relation to perjury and false declarations to public author- ities can be taken against the directors of the company and/or their employees in terms of Articles 108 and 188 of the Criminal Code. MALCOLM MIFSUD Mifsud & Mifsud Advocates Court upholds rights of injured and unregistered worker INFRASTRUCTURE is not only about roads and buildings. It is about how we connect people to opportunity, commu- nities to services, and our economy to global markets. It is the backbone of na- tional wellbeing and prosperity. For too long, Malta's infrastructure planning has been reactive. We have built roads to ease congestion, only to watch the traffic return. We have invested in patchwork upgrades rather than long- term solutions. Infrastructure has been shaped too often by short-term political cycles instead of a clear national vision. It is time to change that. We propose a National Infrastructure Vision 2050; a forward-looking roadmap that integrates transport, energy, water, and digital systems into one smart, sus- tainable, and resilient plan for Malta's future. First, we need a total rethink of mobility. Malta's car dependency is not sustaina- ble—economically, socially, or environ- mentally. We will invest in smart public transport networks, safe cycling lanes, water taxis, and walkable communities. Technology will help us better manage traffic flow and integrate ticketing across all forms of transport. But it is also about making mobility a public health and environmental priority. Streets must be safe for children to walk to school and for the elderly to enjoy their neighbourhoods. Green corridors and pe- destrian zones will be part of our urban regeneration. Second, we must focus on energy resil- ience. As we shift to renewables, our grid must be modernised. We will invest in smart grids, battery storage, and flexible energy systems that can adapt to fluctuat- ing supply from wind and solar. Our clean energy future depends on this infrastruc- ture being in place. Water resilience is equally critical. Mal- ta's vulnerability to climate change makes water management a national priority. Stormwater systems, desalination up- grades, and greywater recycling must be integrated into our infrastructure plans not added as afterthoughts. And as we move further into the digital age, our digital infrastructure must keep pace. Open data platforms, and smart city technologies will not only support busi- ness growth but also improve everyday life from smart waste collection to digital public services. We will ensure that infrastructure spending is linked to long-term produc- tivity; whether it is reducing commuting time, improving energy efficiency, or boosting digital competitiveness. This will require strategic, cross-sectoral plan- ning not isolated, one-off projects. Under the Nationalist Party's leader- ship, we will drive infrastructure planning that is: 1. People-first—prioritising wellbeing, safety, and community needs. 2. Green and smart—integrating sus- tainability and technology at every stage. 3. Future-ready—preparing for climate change, energy transition, and digital transformation. We will also improve the governance of infrastructure. Too often, projects face delays, budget overruns, or poor execu- tion. We will strengthen project manage- ment capacities within government and ensure greater transparency in procure- ment and delivery. Moreover, we will explore public-pri- vate partnerships for strategic infrastruc- ture, especially in clean energy and digital connectivity, ensuring the private sector is a partner in national development, not just a contractor. Infrastructure is not about pouring con- crete for the sake of activity. It is about laying the foundations for Malta's future resilience and competitiveness. We want a Malta where people spend less time in traffic and more time with their families; businesses can operate with reliable energy and fast connectivity; our environment is protected, not sacrificed, by the way we build. This is the future-ready infrastructure Malta deserves and the Nationalist Party is ready to lead this transformation with a clear, ambitious, and achievable long- term plan. We will build for tomorrow, not just patch for today because a country's suc- cess is not measured by how much it builds, but by what it builds for. Alex Borg Candidate for the PN leadership Infrastructure for the future: Smarter, greener, more resilient Walkable communities