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Tribunal: Institution Authority Judge Adjudicate

The Industrial Tribunal is a juridical body in Malta made up of representatives of workers and employers that hears employment disputes. It has the authority to make binding decisions and enforce its rulings. Cases are presented through a written referral filed within four months of an alleged breach, stating the facts of the dispute. Hearings are held publicly but some proceedings can be private. The Tribunal aims to make decisions based on the merits of each case while following principles of natural justice and existing employment laws and regulations.

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62 views1 page

Tribunal: Institution Authority Judge Adjudicate

The Industrial Tribunal is a juridical body in Malta made up of representatives of workers and employers that hears employment disputes. It has the authority to make binding decisions and enforce its rulings. Cases are presented through a written referral filed within four months of an alleged breach, stating the facts of the dispute. Hearings are held publicly but some proceedings can be private. The Tribunal aims to make decisions based on the merits of each case while following principles of natural justice and existing employment laws and regulations.

Uploaded by

Srv Solitario Biswas
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TRIBUNAL

A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, [1] or determine claims or disputeswhether or not it is called a tribunal in its title. For example, an advocate appearing before a court on which a single judge was sitting could describe that judge as 'their tribunal'. Many governmental bodies that are titled 'tribunals' are so described to emphasize the fact that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda is a body specially constituted underinternational law; in Great Britain, Employment Tribunals are bodies set up to hear specific employment disputes. Private judicial bodies are also often styled 'tribunals'. The word 'tribunal' is not conclusive of a body's function. For example, in Great Britain, the Employment Appeal Tribunal is a superior court of record. The term is originally derived from the tribunes, magistrates of the Classical Roman Republic. "Tribunal" originally referred to the office of the tribunes, and the term is still sometimes used in this sense in historical writings.
The Industrial Tribunal is a juridical Tribunal made up of a Chairman and two members (one representing Workers interests and the other Employers interests) drawn up from separate panels in the case of an Industrial Dispute whilst of a chairman alone in the case of alleged unfair dismissal. It is regulated by the Employment and Industrial Relations Act 2002(Cap 452). The tribunal hears disputes in the public but it may hold private sittings. Statements of Cases are asked of the parties who are then given an opportunity to support their cases by oral pleading. Subject to the rules laid down under the Act, the Tribunal is free to regulate its own procedures but it is expected to observe the rules of natural justice and to decide on the substantive merits of the case in front of it. Awards or decisions are binding on both parties. The parties are not free unilaterally to seek a revision within a year. They may however ask for an interpretation if the need arises. Enforcement of the Tribunals decisions vests in the Tribunal itself. The minister is empowered to ask the tribunal for advice in regard to matters relating to Trade Disputes. In cases of unfair dismissal the Tribunal may order re-instatement of the employee or award compensation. In its awards the Tribunal is expected to refrain from any decision or consistent with any law or regulation regarding Conditions of Employment. The Tribunal is forbidden from encroaching upon the Public Service Commission. No application fee or court fees are payable. The only real expenses are the transcripts which are obtained at a reasonable fee from the Law Courts transcribes, and the fee due to the person assisting the applicant. These fees are stipulated by L.N. 48 of 1986 - Reresentation Fees Regulations. The Tribunal Office is housed at the Department of Industrial and Employment Relations and sittings are held at the Superior Courts.

Presenting

Case

To

The

Industrial

Tribunal

A case before the Tribunal must be presented by means of a referral in writing consisting of a declaration stating the facts of the case. The referral must be presented in the Registry of the Tribunal at the Maltese Law Courts within four months from the effective date of the alleged breach.

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