Battle for LSE Representation to Be Reheard 

29th September 2025, 

The Union for Professional Educators (UPE) secured a landmark victory in a complex constitutional case which exposed fundamental flaws in Malta’s treatment of industrial justice, highlighting the importance of such matters being determined by an independent and impartial tribunal.

In a decisive judgment delivered on Monday the 29th of September 2025 the First Hall of the Civil Court (in its Constitutional competence) presided by the Hon. Mr. Justice Mark Simiana, upheld UPE’s core claim that the Industrial Tribunal which denied our union recognition for Learning Support Educators (LSEs) was not impartial. The Court found that the Tribunal members’ extensive other roles and appointments within government entities created an unacceptable conflict of interest, violating UPE’s fundamental rights. The Court has annulled the previous decision and ordered that our case for trade union recognition must be heard afresh by a newly composed, impartial Industrial Tribunal. 

A Victory for Justice and Fair Process

This ruling is a resounding victory for every UPE member and indeed for all people of goodwill who value justice and fair process. It confirms what we have long asserted: that we cannot get a fair hearing in a case against government if the Tribunal members are not only all appointed by government but also in receipt of extensive government appointments, the renewal of which is dependent upon the same government. “The Court agreed with UPE that a ‘fair-minded observer’ would have legitimate doubts about the Tribunal’s independence,” said UPE Executive Head, Graham Sansone. “This finding is a stunning indictment of a system that has for too long been stacked against workers when they challenge the state, their employer.” 

The Court’s Damning Findings 

The judgment detailed the multiple government roles held by the three Tribunal members who ruled against UPE in June 2023: 

· Mr. Harold Walls (Chairman): Also a Director of the government company Industrial Project Services Ltd and a member of the government’s Public Administration Collective Bargaining Unit negotiation team. 

· Mr. Lawrence Mizzi: Also the Chairman of the government entity Resources Support and Services Ltd and held appointments on government boards representing employers’ interests. 

· Dr. Bryony Balzia Bartolo: Had held several politically appointed roles, including working for a government minister and on other government tribunals, and was a beneficiary of a direct order. 

Crucially, the Court ruled that the Maltese government is a “single, unified entity.” This means a Tribunal member with a role in one government company cannot be impartial in a case against another government department, as their professional interests are tied to the state as a whole. 

The Road Ahead 

While we celebrate this monumental win for procedural fairness, our fundamental battle is not yet over. The Court decided that the substantive issue must now be decided by the new, hopefully impartial Tribunal. “This victory knocks down an unjust barrier, but the race is not yet won,” said Graham Sansone, “We now have the opportunity we were always denied: a fair hearing. We are more confident than ever in the merits of our case. We represent the majority of LSEs, and we keep fighting for their representation.” 

A Message to Our Members 

This win belongs to you. Your steadfast support and belief in our cause have made this day possible. We have fought tirelessly against a system designed to protect the status quo, and we have exposed its inherent bias. We move forward with renewed vigour and confidence. 

The UPE Executive will now prepare for the next stage to ensure representation of LSEs, the vast majority of whom are UPE members and who expect to be represented by the UPE as a matter of right. 

The Union thanks Dr. Therese Comodini Cachia, Dr Jason Azzopardi as well as the UPE’s strategic and legal office for their hard work on this case