Employment and Industrial Relations Act (Cap. 452), article 73

73. (1) There is hereby established a tribunal to be known as the Industrial Tribunal. (2) The Prime Minister shall ap point a panel of not more than fifteen persons to act as chairpersons of the Industrial Tribun al, after consultation with the Malta Council for Economic and Soci al Development, so however that - (a) at least three of the members so appointed shall be persons who are advocates of at least seven years experience; (b) such persons shall serve as chairpersons either in turn or in accordance with such di stribution of duties and subject to such provisions as to inability to serve and other circumstances, as m ay be prescribed by the Minister. (3) Save as is provided in sub- article (4), the Industrial Tribunal shall consist of - (a) a Chairperson chosen in accordance with the provisions of sub-article (2); and (b) two other members of the Tribunal who shall be selected by the Chairperson of the Tribunal so that due to their different experiences they shall bring to the Tribunal knowledge, so far as may be equally, of the i n t e r e s t s i n t h e d i s p u t e , f r o m t w o p a n e l s o f p e r s o n s appointed by the Minister to serve as members of the Tribunal as occasion may require, one panel consisting of persons nominated by trade unions represented on the Malta Council for Economic and Social Development and the other panel consisting of persons nominated by employers’ associations and other organisations representing employers represented on the Malta Council for Economic and Social Development: Provided that if the parties t o a trade dispute agree, within such time as the Chairperson shall fix for the purpose, on the selection of the two members who are to sit with the Chairperso n, the Chairperson shall make t he selection according to that agreement. (4) In all cases covered by arti cle 75, the Tribunal shall be composed of a Chairperson alon e provided that in those cases covered by covered by article 75(1)( c), the Chairperson shall be one of the members appointed in accordance with sub-article (2)( a). EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 53 (5) In all cases not provided for by sub-article (4) in which th e Government, or any body or company referred to in article 80(3) , is a party, the Tribunal shall be composed of - (a) a Chairperson chosen in accordance with the provisions of sub-article (2); (b) a member selected by the Chairperson of the Tribunal from the panel of persons nominated by trade unions as prescribed in sub-article (3)( b); and (c) a member chosen by the Chairperson of the Tribunal from a list of persons appointed by the Minister from amongst persons nominated by entities in the public sector. (6) ( a) The chairpersons of the Tribunal shall be appointed by the Prime Minist er for a period of five years. (b) The members of the Tribunal shall be appointed by the Minister for a per iod of five years. (c) A person shall not be qualified to be appointed as chairperson or as member o f the Tribunal, if such person: (i) is a Member of the House of Representatives or of the European P arliament; or (ii) is a Member of a Local Council; or (iii) is an undischa rged bankrupt; or Cap. 9. (iv) has been sentenced by any court to effective imprisonment for any term or has been found guilty by any court of any of the crimes listed in Titles III, V or VI of Part II of Book First of the Criminal Code. Cap. 12. (d) The Prime Minister may, af ter consultation with the Employment Relations Board, remove a member from the list appointed in accorda nce with sub-article (2), for reasons of proved misbehaviour, manifest inefficiency, or inability to perform his or her functions whether due to an impairment of mind or body. The decision to remove such a member shall include reasons and shall be subject to a right of appeal on a point of law against the Prime Minister to the Court of Appeal by such member. The appeal shall be filed within twenty days from the date when the s aid membe r is notified of the decis ion. The r ules of the Code of Organization and Civil Procedure regulating the hearing and determination of appeals from judgements of the First Hall of the Civil Court shall mutatis mutandis apply to such appeal. 54 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS Cap. 12. (e) The Minister may, after consultation with the Employment Relations Board, remove a member from the list appointed in accord ance with sub-article (3) (b), for reasons of proved misbehaviour, manifest inefficiency or inability to perform his or her functions whether due to an impairment of mind or body. The decision to remove such a member shall include reasons and shall be subject to a right of appeal on a point of law against the Minister to the Court of Appeal by such member. The appeal shall be filed within twenty days from the date when the said person i s n o t i f i e d o f t h e d e c i s i o n . T h e r u l e s o f t h e C o d e o f Organization and Civil Procedure regulating the hearing and determination of appeals from judgements o f t h e F i r s t H a l l o f t h e C i v i l C o u r t s h a l l mutatis mutandis apply to such appeal. (f) The chairpersons and the members of the Tribunal may , when their term of office, whether it be the first one or otherwise, expires, be re-appointed for another term of five years: Provided that such re-appointment, prior to being made, shall be proposed to the Employment Relations Board and: (i) the re-appointment of a chairperson shall not be made if two thirds of the members of the Employment Relations Board are against such reappointment; (ii) the re-appointment of a member from the list of persons appointed by trade unions represented on the Malta Council for Economic and Social Development shall not be made if it does not receive the prior approval of at least fifty percent of all the members of the Employment R e l a t i o n s B o a r d t h a t h a v e b e e n n o m i n a t e d o n such Board as representa tives of the employees; (iii) the re-appointment of a member from the list of persons appointed by employers’ associations and other organisations that represent the e m p l o y e r s s h a l l n o t b e m a d e i f i t d o e s n o t receive the prior approval of at least fifty percent of all the members of the Employment R e l a t i o n s B o a r d t h a t h a v e b e e n n o m i n a t e d o n such Board as representatives of the employers. (7) ( a) The Prime Minister may, f r o m t i m e t o t i m e , i f h e thinks fit and after consultation as provided in sub- article (2) add to the list provided for it in the said sub- article. (b) The Minister may, from time to time, if he thinks fit request new nominations from trade unions and associations and organisations of the employers mentioned in paragraph (b) o f s u b - a r t i c l e ( 3 ) f o r t h e EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 55 purpose of increasing the lists mentioned in the said paragraph. Cap. 12. (8) The Minister shall also designate a public officer to be Secretary of the Tribunal and ma y also detail other public offi cers to assist the Secretary in the performance of his duties. The Secretary of the Tribunal shall have mutatis mutandis such powers and duties as are by the Code of Organization and Civil Procedure vested in the Registrar of Courts. (9) The registry of the Tribunal s h a l l b e t h e R e g i s t r y o f t h e Superior Courts; and the records of the Tribunal shall be kept therein. (10) ( a) The chairpersons and the members of the Tribunal shall receive such remuneration as the Prime Minister may establish by notice in the Gazette. Such remuneration may be fixed at an amount per year or at an amount for every hearing held or at an amount for every decided case. Once the remuneration has been established it shall not be reduced but the change in criteria for calculating the remuneration between the criteria mentioned in this paragraph provided that it is made in regards to all the chairpersons and members shall not be deemed to constitute in itself a reduction in the remuneration. (b) During their term of appointment the chairpersons and the members of the Tribunal shall not appear before the Tribunal in the exercise of their profession or to assist any parties. (c) The chairpersons and the members of the Tribunal shall prior to the hearing of every case declare to the Secretary of the Tribunal a ny interest that they may have in the procedures and th e Secretary shall, when in his opinion such interest may prejudice the independence of the chairperson or of the member concerned, appoint another c hairperson or member in accordance with the lists men tioned in sub-articles (2) and (3) respectively: Provided that nothing in this paragraph shall be construed as diminishing the right of the parties in a case before the Tribunal to request the challenge of a chairperson or of a member. (d) Nothing in this Act shall be construed as exempting any person forming part of the Tribunal from the duty to act with independence and impartiality according to law and not to be subject to the direction or control of any other person or authority in the performance of his judicial duties on the Tribunal and this irrespective of the procedure according to which or the list from which such person shall have been appointed to form part of the Tribunal. 56 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS Reference to Tribunal. Amended by: III. 2004.7.