An e-mail sent by the Industrial Tribunal following the resignation of six chairpersons caused a “misunderstanding” that fuelled a controversy between the Social Dialogue Ministry and the Malta Employers’ Association.

The e-mail, dated July 15, said that a sitting scheduled for last Thursday had been cancelled because Mary Gaerty, who was hearing the case, no longer sat on the tribunal.

It was also stated that the name of the new chairperson and the date of the next sitting would be communicated at a later stage.

The Employment and Industrial Relations Act clearly lays down that “a person actually serving as chairperson of the Tribunal shall, notwithstanding the removal of his name from the panel, continue to serve in the proceedings in which he is serving as chairperson until the conclusion of those proceedings and for the purpose of the interpretation of any award given therein”.

The employers deemed the decision communicated via the e-mail an illegality even though the ministry insisted throughout that it had never issued such orders.

Contacted by Times of Malta, a ministry spokesman admitted that he only learnt about the e-mail through this newspaper. He described the incident as a case of misunderstanding on the Industrial Tribunal’s side.

On his part, the acting director of industrial relations, Anthony Azzopardi, yesterday confirmed with Times of Malta that the issue has been clarified and that pending cases would continue to be presided over by former chairpersons in accordance with the law.

This newspaper reported last week that the Government had asked all Industrial Tribunal heads to submit their resignation. According to the ministry this is standard procedure whenever there is a change of government.

Six chairpersons were re-moved, prompting accusations by the employers that the new line-up was heavily skewed in favour of the General Workers’ Union.

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