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