Opposition, unions insist magistrate should preside over Industrial Tribunal

The Opposition and the Forum Unions Maltin have insisted that a magistrate or judge should preside over the Industrial Tribunal.

PN MP Kristy Debono and Forum president Kevin Bonello urged government to take the time to fully overhaul the currently defunct tribunal, rather than introduce a stop-gap measure.

“The tribunal has perplexed unions for several years,” Bonello told a conference organised by the Malta Employers’ Association at the Mediterranean Conference Centre. “It often gives two completely different rulings on two very similar cases of discrimination by two different employers, and some cases take years. We disagree with an interim measure, but rather expect the law to be changed once and for all.”

The Constitutional Court in February upheld a ruling passed last June, in favour of a claim by the General Workers’ Union that the composition Industrial Tribunal breaches the constitutional right to a fair hearing.

Following the ruling, the Tribunal was instantly disbanded and the government proposed a number of stop-gap measures – including a guarantee for the security of tenure of the tribunal members and allowing for appeals on points of fact. However, the Tribunal itself will still be headed by government-appointed chairpersons.

“The government’s proposals are half-baked, and it would be better to shelve the Tribunal for a longer time so as to achieve a better result following extensive consultation,” she said. “The hearings must be presided by a magistrate or judge, who can only be removed by two thirds of Parliament and who will be therefore free of political interference.”

However, Malta Employers’ Association deputy general Joe Farrugia warned that the Tribunal cannot remain defunct for much longer.

“It hasn’t been hearing cases since February and interim measures are necessary,” he said, while calling on a system of capping for compensations issued by tribunal chairpersons.

As was the case in the past, the government’s plans envisage the tribunal’s chairperson to be assisted by two representatives – from a trade union and an employers’ association.

Debono, Bonello and Farrugia all threw their weight behind this proposal, but it was challenged heavily by outspoken lawyer Andrew Borg Cardona.

“Judges and magistrates are perfectly capable of making their own decisions, without two wingmen by their sides,” he said. “They can request expert advice if they require it, but they don’t need representatives for workers and employers by their side at all time. Should magistrates hearing property cases be assisted by a landlord or tenant?”

However, Bonello and Farrugia insisted that trade union and employer representatives were required to advise the magistrate about the on-the-ground realities of the workplace.

“We have seen enough examples of incompetent legal people who have no idea how industry works,” Farrugia said “Employer and worker representatives must assist the magistrate or judge to to ensure that their decisions are truly competent.”