The government has forged ahead with appointing three new chairmen to head the Industrial Tribunal.
This is despite a pending parliamentary resolution on how it should function following a Constitutional Court’s ruling that its set-up was unconstitutional.
Parliament is discussing a “temporary solution” to enable the Industrial Tribunal to keep functioning following the court decision ruling that the Industrial Tribunal law was unconstitutional as it did not guarantee independence and impartiality.
The court held that there were various articles in the law that were in breach of the principle guaranteeing a fair hearing.
But the government did not wait for the changes to be implemented and appointed new chairmen to preside over cases.
Defending the decision to forge ahead with the new appointments, a ministry spokesman explained that it was taken because the term of office of five chairpersons ex-pired on November 11, 2015.
“Since the term of office of fiveof the chairpersons expired in November, and following consultation with the office of the Attorney General, it was imperative that these appointments be confirmed to ensure the continuity of the work carried out by such chairpersons.”
“Furthermore, the government is duty bound – once the temporary amendments agreed at the ERB are passed in parliament – to ensure that the process of the Industrial Tribunal continues until any reform to the current system is discussed and agreed to by the social partners in the Employment Relations Board,” he said.
This decision just doesn’t make sense. So you have pending legal amendments because the court ruled that the tribunal as composed does not guarantee a fair hearing and at the same time the government appoints new chairmen who are known for their affinities- Lawyer
This decision was met with scepticism by lawyers who operate at the tribunal.
“This decision just doesn’t make sense. So you have pending legal amendments because the court ruled that the tribunal as composed does not guarantee a fair hearing and at the same time the government appoints new chairmen who are known for their affinities,” one lawyer told the Times of Malta on condition of anonymity.
Sources close to the tribunal told the Times of Malta that two of the three appointees have or had close ties to the General Workers’ Union.
Richard Matrenza, Malta’s former High Commissioner to the United Kingdom, in the past worked for the GWU’s Union Print while Doreen Parnis is married to the GWU’s former deputy general secretary, Michael Parnis.
Ironically, it was the GWU which originally took the matter to court, complaining that the chairman presiding over one of its case was “biased”.
The third appointee is Joseph Delia, an expert in industrial relations, who was proposed and pushed by employers.
Meanwhile, all cases pending before the Industrial Tribunal are at a standstill, as Parliament is yet to vote on changes to the law to bring operations in line with the Constitution.
Speaking in Parliament last month when the proposals were presented, Social Dialogue Minister Helena Dalli said the employment law amendments being proposed included a guarantee for the security of tenure of the tribunal members, changes to the practice wherein the tribunal asked for legal advice without the parties’ knowledge, and allowing for appeals on points of fact.
The government also proposed that the Employment Relations Board be involved in the appointment of the Industrial Tribunal’s chairmen.