The Malta Independent 3 July 2026, Friday
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Police close investigation into GWU Section Secretary after complaint filed by Electoral Commission

Friday, 3 July 2026, 09:56 Last update: about 1 hour ago

The police have officially concluded their investigation into the General Workers' Union (GWU) Transport, Maritime and Aviation Section Secretary and have confirmed that no further action will be taken against him, the GWU said Friday.

The case arose from a communication sent by the Section Secretary to GWU members employed with Resource Support and Services Ltd. (RSSL) on 29 May 2026, the day on which the electoral silence period was in force.

At the time, negotiations on the collective agreement between the GWU and RSSL management were still ongoing and no agreement had yet been signed, the union said. Several members contacted the GWU directly after receiving correspondence from the company's management regarding the status of those negotiations. In response, the Section Secretary updated them on the current position. The communication was strictly limited to employment and industrial relations matters and contained no political content whatsoever, the statement added.

Following a criminal report filed by the Electoral Commission, the Section Secretary was questioned under caution by the Criminal Investigation Department (CID) of the Malta Police Force. The GWU immediately issued a public statement defending its official and formally informed the European Trade Union Confederation (ETUC) of the situation.

The police have now closed the case, finding no wrongdoing, the GWU said. The GWU welcomes this outcome, which confirms the position it has maintained from the outset: that a trade union secretary who informs members about the status of negotiations concerning their collective agreement is carrying out a legitimate trade union function.

The Police had a duty to investigate once a formal report had been filed, and the GWU has never argued otherwise. The investigation has now run its course, and the Section Secretary is no longer under the threat of criminal proceedings, the union said.

Nevertheless, the fundamental principle underlying this case remains. From the moment the criminal report was filed until the investigation was closed, the Section Secretary carried out his duties under the threat of criminal prosecution simply for performing his role as a trade union official, the union said.

Every trade union officer in Malta faced the same uncertainty: that communicating with members during an electoral period, even on matters relating exclusively to employment and collective bargaining, could expose them to criminal proceedings. This is an uncertainty that cannot be allowed to persist.

GWU Secretary General Kevin Camilleri said: "Our Section Secretary has been completely cleared, and we naturally welcome this outcome. However, he should never have been subjected to a criminal investigation in the first place. A trade union secretary who informs members about the progress of negotiations concerning their collective agreement is simply carrying out his legitimate responsibilities as a workers' representative. The GWU will continue to stand firmly behind its officials whenever they act within the scope of their mandate, and we will continue to defend trade union rights at every level and in every appropriate forum."

The right of trade unions to communicate with their members on matters relating to collective bargaining is protected under ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organise, ILO Convention No. 98 on the Right to Organise and Collective Bargaining, and ILO Convention No. 135 concerning Workers' Representatives, all of which have been ratified by Malta. The ILO supervisory bodies have consistently affirmed that trade unions must be free to carry out their legitimate representative functions without interference from public authorities.

The GWU said it has already informed the European Trade Union Confederation (ETUC) about this case. It will now continue to pursue the matter through the appropriate international forums, including the ILO Committee on Freedom of Association, to ensure that this case involving criminal proceedings against a trade union official is placed on the international record.

At the same time, the GWU called on the competent authorities to clarify, whether through legislative or regulatory action, that the provisions governing the electoral day of silence do not apply to internal trade union communications concerning collective bargaining and employment matters. Trade union officials must be able to fulfil their responsibilities towards their members without uncertainty as to whether carrying out their duties during an electoral period could expose them to criminal proceedings.

The GWU said it remained fully united behind its Section Secretary and behind every trade union official who carries out his or her duties in accordance with the law. It will continue to keep its members informed on all matters affecting their employment and will continue to fulfil its mission of defending workers and trade union rights without fear or compromise.

 


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