The proposed reform of the Industrial Tribunal should be put on hold as the current Bill was “premature”, according to the Confederation of Malta Trade Unions.
CMTU president Martin Balzan said that the government had started a consultation on proposed changes to the tribunal several weeks ago. However, this seemed to have been wrapped up before consensus was reached among stakeholders.
“We met and discussed the proposals but the consultations are still far from finalised and there are concerns,” he said.
The Industrial Tribunal is an independent juridical body which decides on matters relating to employment relations.
We met and discussed the proposals but the consultations are still far from finalised
On Wednesday evening Parliament started to debate a “temporary solution” to enable the tribunal to continue functioning following a Constitutional Court’s ruling that its current set up was unconstitutional. The court ruled that the law regulating the composition of industrial tribunals does not guarantee independence and impartiality and, therefore, breaches the basic principle of natural justice.
Last June, Madam Justice Anna Felice held that the composition of an industrial tribunal – especially the fact that it must always have a member representing the administration – was in breach of the principle guaranteeing a fair hearing.
She sent her judgment to the President of Malta and the Speaker of the House of Representatives for action to be instigated to rectify the situation.
Among the “temporary” changes proposed by the government was allowing legal practitioners to preside over the tribunal.
Dr Balzan, however, raised concerns that this change could pose problems, especially of conflict of interest.
“Lawyers have clients and work with different entities. This opens them up to serious conflicts when it comes to employment disputes,” he said.
Instead, the CMTU believes the tribunal should be presided over by a magistrate – to remove any concerns over its impartiality.
A similar proposal was also made by Opposition employment spokeswoman Therese Comodini Cachia on Tuesday.
Dr Balzan, meanwhile, said a meeting on proposed changes had been held at the Employment Relations Board, a body made up of union, employer and government representatives.
Asked if the issues to be discussed were nitty gritty details, Dr Balzan said: “There is a lot more than polishing to be done on this issue.”