The Industrial Tribunal should be presided over by a sitting magistrate to ensure impartiality, Opposition employment spokeswoman Therese Comodini Cachia has said.
At a press conference yesterday, Dr Comodini Cachia said using magistrates would remove any “stain” on the tribunal in the public’s mind. “To use the appropriate expression, we don’t want anyone thinking there is a carrot being dangled in front of those who sit on this important tribunal,” she said.
The appointment of sitting magistrates, Dr Comodini Cachia said, would also ensure security of tenure and that no political involvement occurs. This was also key if the tribunal was to enjoy the public’s trust.
The government is currently proposing amendments to the Employment and Industrial Relations Act, after the Constitutional Court found that the tribunal’s autonomy was being violated by the laws governing it.
The court, presided over by Madam Justice Anna Felice, ruled last June that the law regulating the composition of industrial tribunals did not guarantee independence and impartiality and, therefore, breached the basic principle of natural justice. The court objected to the fact that the tribunal must always have a member representing the administration, ruling this was in breach of the principle guaranteeing a fair hearing.
Madam Justice Felice sent her judgment to the President of Malta and the Speaker of the House of Representatives to take action to rectify the situation.
The tribunal is currently composed of an independent chairperson, the director responsible for Employment and Industrial Relations, four representatives of employees nominated by the Malta Council for Economic and Social Development, four representatives of employers and three other persons appointed by the minister.
Opposition industrial relations spokes-man Carmelo Mifsud Bonnici said the Opposition had met with the Malta Council for Economic and Social Development to discuss these changes.
He said that while the government had already proposed a number of amendments to the existing legal framework, the social partners had not been consulted.