Employment and Industrial Relations Act (Cap. 452)

Employment and Industrial Relations Act (Cap. 452), article 82

Official PDF on legislation.mt

82. (1) Any decision or award made by the Tribunal shall be binding on the parties to it, on the workers represented in the dispute and the workers affected by it and shall be binding on any successor in title of any one of the parties to the dispute: Provided that it shall not be open to either of the parties to seek by unilateral action a revision of any award or decision o f the Tribunal before the expiration of at least one year from the da te of such award or decision. (2) A decision or award of the Tribunal may be made retrospective to a date which - (a) in the case of an unfair dismissal, is not earlier than the date of such dismissal; and (b) in any other case is not earlier than the actual occurrence of the breach or, if such date is not determinable, is not earlier than the date on which the trade dispute to which the decision or award relates first arose. Cap. 12. (3) In cases of unfair dismissal and in cases falling under the jurisdiction of the I ndustrial Tribunal in accordance with in accordance with article 75(1)( a), (b) and ( c), there shall be a right of appeal on a point of law. Su ch appeal shall be made by an application to the Court of Appeal constituted in accordance wi th article 41(9) of the Code of Organization and Civil Procedure . Such application shall be filed by not later than twelve days from t he date of the decision of the Tribunal: Provided that when an appeal i s l o d g e d t o t h e C o u r t o f Appeal and a plea is entered by ei ther of the parties that the appeal is null and void because it is not based on a point of law deci ded by the Tribunal or that the appeal is null and void at law for any other reason whatsoever, that appeal s hall be referred by the Registr ar to the Court of Appeal for a decree in camera on the admissibility or EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 61 otherwise of the appeal. (4) The enforcement of the a wards and decisions of the Tribunal shall be carried out in the manner prescribed in this Act and in the Code of Organization and Civil Procedure , and shall vest in the Tribunal itself. Interpretation of awards and decisions of Tribunal. Amended by: L.N. 427 of 2007.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.