Parliament starts debate on 'temporary solution' to Industrial Tribunal

Parliament this evening started to debate a “temporary solution” to enable the Industrial Tribunal to keep functioning following a Constitutional Court’s ruling that the tribunal’s current set up was unconstitutional.

A few days ago, an Appeals Court upheld a decision by a judge who last year ruled that the Industrial Tribunal law was unconstitutional as it did not guarantee independence and impartiality.

Social dialogue minister Helena Dalli said the employment law amendments being proposed included a guarantee for the security of tenure of the tribunal members, changes to the practice where the tribunal asked for legal advice without the parties’ knowledge, and to allow for appeals on points of fact.

Moreover the Employment Relations Board would be involved in the appointment of the tribunal’s chairman.

Radical changes should not be carried out in an effort to address an emergency by means of a temporary measure, she said. 

The government was, however, willing to consider proposals up to the conclusion of this legislative exercise.  Consultation had already been carried out with the Employment Relations Board and some of the proposals made would be included at committee...