Issue link: https://maltatoday.uberflip.com/i/960495
maltatoday SUNDAY 1 APRIL 2018 6 News MATTHEW AGIUS A €168,000 claim by Maestro Brian Schem- bri against the Malta Philharmonic Or- chestra over breach of contract will con- tinue being heard by the Civil Court after a judge refused to split the case so that the issue is decided in part by the Industrial Tribunal. Schembri had sued Na- tional Orchestra Limited for €168,431.96 – three years' wages due under a termination clause in his contract. The orchestra had counter-sued for damages, claiming the conduc- tor had abandoned his post without good reason when he refused to at- tend the 2017 season closing con- cert in June of Berlioz's Carnaval Romain. This was one of several disa- greements with Sigmund Mifsud, executive chairman of National Orchestra Ltd, a source had told the MaltaToday last year. The or- chestra's management had felt it could not tolerate a situation where its conductor refused to attend a scheduled event that he was con- tractually obliged to attend. "He also skipped a number of rehears- als," the source said. Conflict between Schembri, cel- ebrated as one of Malta's most brilliant musicians and the young- est ever to obtain the Royal Schools of Music's licentiate, and Mifsud, had been ongoing for months. Schembri's lawyer Kris Borg had said Schembri had specifically trav- elled to Malta for the Carnaval Ro- main auditions. "It was the direction of the orches- tra that did not respect the condi- tions of the contract," Borg had said. The end-of-season concert was eventually conducted by an Arme- nian conductor who was flown in as a replacement. Schembri has also accused Mifsud of proposing "humiliating and un- acceptable" changes to his con- tract, that would have removed his authority as artistic director while retaining the title. He said he had no doubt the conditions were engineered to leave him with no choice but refuse them. He also said Mifsud wanted to change his contract from indefinite employee contract to a definite four-year con- tract on self-employed basis. "This kind of pressure and intimidation is unethical and goes against the con- tract and the law," Schembri said. In his reply to MPO's counter- claim, Schembri argued that the is- sue of dereliction of duty fell within the exclusive jurisdiction of the In- dustrial Tribunal. Judge Joseph Zammit Mackeon observed that if the pretext for non- payment was to rest on whether the post was abandoned for good and sufficient reason, this begged the question of why the court should have jurisdiction to decide the main claim but not the counterclaim. Citing case law, the court said a complaint of this nature could not be picked apart in such a way that one party would find a remedy be- fore the ordinary courts and the other party would find a remedy be- fore the Industrial Tribunal. Additionally, there were proce- dural reasons for which this request could not stand, said the court. "Even if during the course of argu- ments on the plea, it is said by the defence that the damages claimed arise from contract as well as from actions, the court remains of the opinion that, whatever their nature, the damages requested by the de- fendant remain in the jurisdiction of this court," the judge ruled. The case continues. CAREER OPPORTUNITY ICT Service Manager Interested persons are to send a covering letter together with a detailed Curriculum Vitae by not later than 15th April 2018, address to Human Resources Unit, Identity Malta Agency, Onda Building, Aldo Moro Street, Marsa. Applicants may also send by email to recruitment@identitymalta.com Job Description: The ideal candidate will be responsible to coordinate support team members & managing day-to-day operations. Responsabilities: · Provide guidance to members of the team by communicating job expectations; planning, monitoring, and appraising job results. · Mentoring the IT services support team leading, initiating, coordinating, and enforcing systems, policies, and proce- dures. · Monitors effectiveness of existing systems. Provides recommendations to Management for improved operations, systems, and ICT related equipment. · Ensures that all software and IT platforms are up to date on newest releases. · Timely communication and issue escalation ensuring appropriate and accurate visibility to all levels of stakeholders, including senior management team. Knowledge, skills & experiance required: · A minimum of 3 years' experience in ICT Administration, in possession of a valid Microsoft MCSA certification. OR · In possession of a recognized qualification at MQF Level 6 in Computing with (1) years' relevant work experience in ICT. Unit Coordinator (ICT Service Manager) JOBSPLUS Permit Number: 645/2017 JAMES DEBONO THE erection of a massive solar farm at Benghajsa may put an end to the leaching of toxic waste in the water table, preliminary studies submitted by developers claim. The solar farm of 8,000 solar panels set over 29,000sq.m is being proposed by Carmelo Hili, Joseph Hili and Marin Hili. After being used as a quarry the site had been used as a landfill for the disposal of pulverised fuel ash from the Marsa Power Station up until 1992. Now a project development statement commissioned by the developers confirms that the rain- water percolating through the fly- ash residue in the site is ending up directly into the water table. Moreover, the leaching of toxic waste substances may persist for hundreds of years. Consequently, it is not consid- ered practical to design waste dis- posal sites with bottom-liners and leachate collectors because such systems are unlikely to remain intact during the entire leaching period. To address this problem, a non-porous sheet will be placed underneath the geotextile-rein- forced bed to prevent rainwater from percolating further into the ground. The Environment and Resources Authority has exempted the pro- ject from an impact assessment be- cause the environmental impacts are not deemed significant to war- rant extensive studies. The ERA imposed a number of conditions to protect seabirds from reflection of moon glare from the photovoltaic panels, which could result in disorientation lead- ing to fatal collisions. All artificial lighting will include dimmable down-lighters and be controlled through motion sensors to avoid continuous lighting in the night. The solar panels will also be in- stalled at an angle of 10 degrees in- stead of the standard 30 degrees, to reduce visibility from neighbour- ing streets. Preliminary studies indicate that the project will have a negative visual impact on the surrounding area even if this impact will be mit- igated through extensive landscap- ing. Shrubs, olive trees and carob trees will be planted along the re- constructed rubble wall along the perimeter of the site. The area is designated by the lo- cal plan approved in 2006 as a 'Re- serve Industrial Site' and is directly adjacent to a Natura 2000 site and an 'Area of High Landscape Value'. The area, which lies in the vicin- ity of the Freeport, had been pre- viously identified for warehouse development in a previous applica- tion presented by the Hilis, which has now been withdrawn. Solar farm may stop leaching of toxins in water table Former national orchestra conductor seeks €168,000 in unpaid salary Maestro Brian Schembri