Employment and Industrial Relations Act (Cap. 452), article 75

75. (1) Notwithstanding any other law, the Industrial Tribunal shall have the exclusive juris diction to consider and decide - (a) all cases of alleged unfair dismissals; (b) all claims made in accordance with sub-articles (11) and (12) of article 36 of this Act, for sums which may become due to a worker or to an employer following the termination of a contract of service for a fixed term before the expiration of the term definitely specified in the contract; and (c) all cases falling within the jurisdiction of the Industrial Tribunal by virtue Title I of this Act or any regulations prescribed thereunder, for all purposes other than proc eedings in respect of an offenc e against any enactment and the remedy of a worker so dismissed o r otherwise alleging a breach of his right under Title I of this Act shall be by way of reference of the complaint to the Industrial Tribunal and not otherwise: Cap. 171. Cap. 214. Provided that nothing in this sub-article shall be construed as affecting the provisions of the Constitution of Malta with r espect to public officers or shall affect the operation of the Port Workers Ordinance , or of the Public Transport (Regulation of Employment) Act , and in this article the expr ession "worker" does not include public officers or any person to whom the Ordinance or the Act aforesaid applies. (2) Where it is alleged that a worker has been unfairly dismissed by an employer, or where there is an alleged breach o f any obligation arising out of any matter falling within the jurisdiction of the Industrial Tribunal under Title I of this A ct or any regulations prescribed thereunder, the matter shall be refe rred to the Tribunal for a decision b y it by means of a referral in writing made by the worker alleging the breach, or by some other person EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 57 acting in the nam e and on behalf of such worker. (3) Any referral made in accor dance with the last preceding sub-article shall be made by mean s of a declaration stating the facts of the case, presented in the Re gistry of the Tribunal and shal l, in all cases, be so presented by no t later than four months from t he effective date of the alleged breach. Procedure of the Tribunal. Amended by: XXXIII. 2016.4. Cap. 12.