Sound industrial relations are a key success factor for a thriving society. The climate of confrontation between employers and employees that existed a few decades ago is a thing of the past. But the need to safeguard the rights of both is essential and should be enshrined in our law books, especially in the Employment and Industrial Relations Act.
When the Court of Appeal decided that the law establishing the Industrial Tribunal was unconstitutional as it did not guarantee independence and impartiality a Pandora’s Box was opened.
Representatives of employers and workers called for urgent action on the part of the government to remedy this situation and underpin the management of industrial relations at a legal level with a reform of the Employment and Industrial Relations Act, especially with regard to the appointment of the Industrial Tribunal. The partisan bickering between the two major political parties about who is to blame for having such defective legislation that breaches the Constitution is at best futile. The government has now proposed amendments aimed at addressing the court’s concerns about independence and impartiality. The Confederation of Malta Trade Unions considers these proposals “half-baked” and “weak”.
The importance that is increasingly being given to good governance in all spheres of public life is more than justified especially when officials are appointed to a position of trust based on their competence and ability to act independently from whoever appoints them. This consideration is even more important in the administration of justice where any whiff of possible bias could destroy the trust that people should have in the system.
The General Workers’ Union was right to object to a provision that imposed a requirement on the tribunal “to take into consideration the social policies of the government based on principle of social justice and the requirements of the national development plan…” It falls on the government to define a new way of appointing members of the Industrial Tribunal to ensure that people feel the tribunal is indeed fair and just.
One valid suggestion that has been made is that the Industrial Tribunal should be transformed into a court of justice with a dedicated judge or magistrate. This would presumably also necessitate a change in the way judges and magistrates are appointed. Members of the judiciary need to have an independence of mind, an essential mindset that every judge or magistrate should possess.
A big cultural change in the way political power is wielded is necessary if the standards of good governance in the judiciary system are to be achieved. While the hustle and bustle that characterises different aspects of public life may be of little interest to many, everyone expects to be treated fairly in the eyes of the law. This includes cases when either an employer or his employee fail to agree on an issue relating to their contractual relationship.
While the continued functionality of the Industrial Tribunal may be the most urgent priority for policymakers, it would be wise if the Employment and Industrial Relations Act is reviewed completely to bring it in line with new realities in today’s workplace. For instance, there are still frequent disputes on which trade union has a right to represent workers when two or more different unions do not represent a clear absolute majority of workers.
When certain economic objectives are achieved, policymakers should give more importance to promoting higher governance standards. Improved industrial relations legislation has become an urgent governance priority.