the appropriate controlling body or in the absence of such body, the Industrial Tribunal; (e) such minimum number of persons as may be required to guarantee the combined production, provision and distribution of water and electricity, as agreed upon by their respective employer and the recognised trade union or in default of such agreement, as shall be decided by the Industrial Tribunal; (f) such number of persons as may be required to maintain the continued and uninterrupted services listed in the Schedule to this Act and required to be manned at all times for the continued provision by the Government of essential services to the community; (g) such number of persons in such posts as the Minister may by notice in the Gazette prescribe, as being necessary to provide service at the level of one-half of the public passenger transport services in Malta and Gozo and one-half of the scheduled public ferry services between Malta and Gozo and it shall be deemed to be an implied condition of the contract of employment of any employee employed in the public passenger transport services and scheduled ferry transport services that the said employee shall be obliged to perform duties as directed by the employer thereof in order to constitute the number designated as aforesaid and any employee failing to perform such duties without justification shall be liable to dismissal:
\n
Provided that, for the purposes of subparagraphs (d) and (e) if no agreement is reached as aforesaid within a period of one month from the date of coming into force of this Act, the matter shall be referred to the appropriate controlling body or Industrial Tribunal, as the case may be, at the request of any one of the parties:
\n
Provided further that for the purpose of paragraph (g) the term \"public passenger transport services\" shall have the same meaning as that assigned to it in the Authority for Transport in Malta Act.
\n
(7)Where the number of public officers holding or employed in any of the offices aforesaid is greater than the number indicated in the said Schedule as essentially required, sub-article (6) shall apply only to the more senior among those officers who together make up that number (excluding only any of them who are on leave authorised expressly for the purposes of this sub-article, and only while they are so on leave), seniority being determined by any seniority inherent in the office itself or, in the absence of such seniority, by the length of the officers’ service in the office held by EMPLOYMENT AND INDUSTRIAL RELATIONS them or in which they are employed at the relevant time, and in cases of equal lengths of service by the age of the officers having the same length of service.
\n
(8)Any public officer to whom, by virtue of sub-articles (6) and (7), sub-article (4) does not apply, shall have his service with the Government terminated forthwith if, in contemplation or furtherance of a trade dispute or of any other action taken by two or more public officers or other workers (whether or not in pursuance of a directive issued by a trade union), or in support thereof or in sympathy therewith, such officer refuses or otherwise fails to carry out those duties that are necessary for the continued provision of the essential service, in accordance with this Act and with the terms of service or conditions of employment and under the direction of the competent authorities of the Government.
\n
(9)The Schedule to this Act may be altered, added to or otherwise amended (a) by a resolution of the House of Representatives; or (b) by the Prime Minister by order in the Gazette:
\n
Provided that an order as aforesaid may not increase the total number of officers in Category A to more than forty-five (45); in Category B to more than one hundred (100) and in Category C to more than two hundred and twenty-five (225).
\n
Art. 65
\n
65.It shall be lawful for one or more persons in contemplation or furtherance of a trade dispute to attend at or near - Peaceful picketing. (a) a place where another person works or carries on business; or (b) any other place where another person happens to be, not being a place where he resides, for the purpose only of peacefully obtaining or communicating information, or peacefully persuading any person to work or abstain from working.
\n
Art. 66
\n
66.Any person who, for the purpose of compelling any other person to abstain from doing or to do any act which such other person has a legal right to do or to abstain from doing, wrongfully and without legal authority (a) uses or threatens to use violence against such person, or the wife, husband or child of such person, or a member of his household, or causes or threatens to cause damage to his property; (b) persistently follows such other person from place to place; (c) watches or besets the house or other place where such other person resides or the approaches to such house or place; (d) deprives such person, or in any manner hinders him in the use of, any tools, clothing or other property owned or used by such other person, Use or threats of violence.
\n
Amended by:
\n
L.N. 427 of 2007.
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS shall be guilty of an offence and be liable on conviction to imprisonment for a period not exceeding three months or to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to both such imprisonment and fine, without prejudice to any heavier punishment to which the offence may be liable under any other enactment.
\n
Restriction on union membership.
\n
Art. 67
\n
67.(1) The holder of an office in the public service declared by the Prime Minister to be an office the holder whereof may not be a member of a trade union in respect of which he may be required to represent or advise the Government in industrial relations with the union or unions representing its employees, shall not become, and if he is shall cease to be, a member of that trade union; and the provisions of this sub-article shall be an implied term of his terms of service with the Government.
\n
(2)Subject to the provisions of sub-article (3), in respect of a person employed in such managerial or executive post, in any corporation or other body established by law or in any company or other partnership or in any other body having a distinct legal personality (hereinafter referred to as a \"corporate employer\"), as will require the holder of that position to represent or advise the corporate employer in its relations with the union or unions representing its other employees or any part thereof, it shall be an implied term of the contract of employment of such person that he shall not, while occupying such position, be a member of any of the trade unions aforesaid.
\n
(3)Sub-article (2) shall apply only to such posts, being: (a) not more than three in the case of a corporate employer employing not more than two hundred persons; (b) not more than seven in the case of a corporate employer employing more than two hundred employees, Trade union membership in disciplined forces.
\n
Added by:
\n
IV. 2015.19. as such employer shall have indicated in writing to the trade union of which the holder of the said posts may not be a member.
\n
Art. 67A
\n
67A. (1) A member of a disciplined force shall be entitled to be a member of a registered trade union of his choice.
\n
(2)A trade union representing members of a disciplined force: (a) shall not be entitled to limit its membership to any particular rank in the said force; (b) shall be entitled to negotiate conditions of employment and to participate in dispute resolution procedures of a conciliatory, mediatory, arbitral or judicial nature on behalf of the members of the disciplined force which it represents but it shall not be entitled to take any other action in a disciplined force in contemplation or furtherance of a dispute:
\n
Provided that notwithstanding the provisions of this article, the right of members of the Armed Forces of Malta to be members of a trade union shall be regulated only under the Malta Armed Forces Act.
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS
\n
PART II
\n
VOLUNTARY SETTLEMENT OF DISPUTES
\n
Art. 68
\n
68.The Minister shall appoint a Conciliation panel composed of not less than five persons to serve as conciliators in trade disputes as may be referred to them from time to time, so however that:
\n
Conciliation Panel. (a) the panel shall be composed of such persons appointed by the Minister after consultation with the Malta Council for Economic and Social Development; (b) the appointment shall be for a period of two years; (c) during the term of the appointment, the Minister may substitute members or fill in vacancies whenever necessary, after consultation with the Malta Council for Economic and Social Development:
\n
Provided that no person as is mentioned in article 73(3), shall be nominated or appointed on the Conciliation panel.
\n
Art. 69
\n
69.(1) Where a trade dispute exists or is apprehended, the parties to the dispute may agree to refer the dispute to (a) the Director, or (b) a conciliator who may be chosen (i) either by the same parties to the dispute in agreement between them; (ii) or, if there is no such agreement, by the Director from amongst the Conciliation panel established by virtue of article 68:
\n
Provided that nothing shall preclude the Director or his delegate from inviting the parties to the dispute to attend conciliation meetings.
\n
(2)The functions of the conciliator appointed in accordance with sub-article (1) shall be (a) to communicate with the parties to the trade dispute immediately on the referral; (b) to organise and preside conciliation meetings between the parties as may be necessary in order to resolve the trade dispute; (c) to consider the causes and circumstances of the trade dispute; (d) to endeavour to bring about an amicable settlement of the dispute as expeditiously as possible; and (e) to make such recommendations as the conciliator may deem fit in order to resolve the trade dispute.
\n
(3)Where a trade dispute exists or is apprehended and the parties fail to nominate or to agree on the appointment of a conciliator in accordance with sub -article ( 1), o r where an appointed Conciliator reports a deadlock, the Director shall refer Powers of the Minister for promoting conciliation and preventing disputes.
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS the matter to the Minister and copy such referral to the parties to the dispute.
\n
(4)Where a trade dispute is referred to the Minister in accordance with the last preceding sub-article, the Minister may, if he thinks fit: (a) appoint a court of inquiry to inquire into and establish the causes and circumstances of the dispute; (b) on an application by both parties to the dispute, refer such trade dispute to the Industrial Tribunal.
\n
Voluntary settlements.
\n
(5)A court of inquiry shall have the same powers as are by the Code of Organization and Civil Procedure conferred on a superior court, except that it shall not have the power to order the detention of any person, and without prejudice to the generality of the aforesaid, a court of inquiry may summon witnesses and administer the oath, appoint assessors, and require any person who appears to it to have special knowledge of the matter of the inquiry to furnish, in writing or otherwise, and to confirm on oath, such opinion and such particular relating to that matter as the court may require.
\n
Where the court consists of more than one person, the oath shall be administered by the Chairperson.
\n
Art. 70
\n
70.If a settlement of a trade dispute (being a settlement not inconsistent with any enactment, or other instrument having the force of law, regulating wages and other terms and conditions of employment) is reached as a result of measures taken under article 69, and a memorandum of the terms of that settlement has been drawn up in writing and has been signed by the parties or their representatives and a copy thereof, together with a declaration that is a settlement for the purposes of this article signed as aforesaid, has been delivered to the Minister (a) it shall not be open to any of the parties to seek by unilateral action a revision of the terms of the settlement before the expiration of at least one year from the date of that settlement; and (b) any such settlement 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.
\n
Regulations.
\n
Art. 71
\n
71.The Minister may make regulations for any of the following purposes (a) for regulating the procedures to be followed by the Conciliation Panel and by the conciliators appointed on the panel; (b) for regulating the composition and procedure of courts of inquiry.
\n
Negotiating machinery for public officers.
\n
Art. 72
\n
72.(1) There is hereby established a Joint Negotiating Council as a special negotiating machinery with respect to trade disputes concerning the conditions of work of persons providing EMPLOYMENT AND INDUSTRIAL RELATIONS the services listed in article 64(6):
\n
Provided that the Council and any other negotiating machinery established by or under this article, shall not in any way deal with or encroach on any matter falling within the functions of the Public Service Commission.
\n
(2)The Council shall consist of not more than four members representing the Government, and not more than four members representing the trade union having as its members the largest number of persons providing the essential service in the relevant section or area involved in the dispute:
\n
Provided that the members appointed by the recognised trade union in accordance with the provisions of this sub-article, shall be so appointed by the union concurrently with the official registration of a trade dispute and shall be signified in writing by letter addressed to the Permanent Secretary in the Office of the Prime Minister:
\n
Provided further that, in accordance with the preceding proviso, the composition of the Council may vary if there is more than one dispute that has been referred to the Council and such disputes are separate and are made by a different trade union as specified in the first paragraph of this sub-article.
\n
(3)Saving what is provided in sub-article (4), the decisions of the Council shall only be taken by a unanimous vote. Any decision so taken or agreement so reached shall be binding on the Government and on all public officers to whom that decision or agreement applies.
\n
(4)Where in respect of any trade dispute falling within the functions of the Council an agreement acceptable to all the members cannot be reached, and the Chairperson of the Council registers disagreement, the Chairperson shall refer the matter to the Industrial Tribunal within fifteen days of such disagreement being registered and the Industrial Tribunal shall be bound to reach a final decision on the trade dispute (including the making of recommendations) by not later than two months from the referral, unless in the opinion of the Chairperson of the Industrial Tribunal, a longer period is necessary for a valid reason which must be stated and recorded in the proceedings of the Tribunal.
\n
(5)The Minister may, after consultation with the Council, make regulations to give fuller effect to the provisions of this article and to any other relevant provisions of this Act, and in particular, but without prejudice to the generality of the aforesaid, such regulations may (a) determine the procedure of the negotiating machinery established by this article; (b) specify in more detail and otherwise determine the functions, powers and duties of any such machinery and of any sub-committee or other body thereof, and of any of their chairpersons or other members; (c) provide for any matter connected with or ancillary to EMPLOYMENT AND INDUSTRIAL RELATIONS any of the foregoing matters.
\n
(6)The provisions of article 70 shall apply to an agreement reached as provided in sub-article (3) or sub-article (4) as they apply to a settlement referred to in that article.
\n
PART III
\n
THE INDUSTRIAL TRIBUNAL Establishment and composition of Industrial Tribunal.
\n
Amended by:
\n
III. 2004.6;
\n
Amended by:
\n
XXXIII. 2016.3;
\n
XX.2022.5.
\n
Art. 73
\n
73.(1) There is hereby established a tribunal to be known as the Industrial Tribunal.
\n
(2)The Prime Minister shall appoint a panel of not more than fifteen persons to act as chairpersons of the Industrial Tribunal, after consultation with the Malta Council for Economic and Social 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 distribution of duties and subject to such provisions as to inability to serve and other circumstances, as may be prescribed by the Minister.
\n
(3)Save as is provided in sub-article (4), the Industrial Tribunal shall consist of (a) a Chairperson chosen in accordance provisions of sub-article (2); and with the (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 interests in the dispute, from two panels of persons 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:
\n
Provided that if the parties to 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 Chairperson, the Chairperson shall make the sele ction according to t hat agreement.
\n
(4)In all cases covered by article 75, the Tribunal shall be composed of a Chairperson alone 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).
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS
\n
(5)In all cases not provided for by sub-article (4) in which the 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 provisions of sub-article (2); accordance with the (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.
\n
(6)(a) The chairpersons of the Tribunal shall be appointed by the Prime Minister for a period of five years. (b) The members of the Tribunal shall be appointed by the Minister for a period of five years. (c) A person shall not be qualified to be appointed as chairperson or as member of the Tribunal, if such person: (i) is a Member of the House of Representatives or of the European Parliament; or (ii) is a Member of a Local Council; or (iii) is an undischarged bankrupt; or (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. (d) The Prime Minister may, after consultation with the Employment Relations Board, remove a member from the list appointed in accordance 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 said member is notified of the decision. The rules 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.
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS (e) The Minister may, after consultation with the Employment Relations Board, remove a member from the list appointed in accordance 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 is notified of the decision. The rules 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. (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:
\n
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 Relations Board that have been nominated on such Board as representatives 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 employers shall not be made if it does not receive the prior approval of at least fifty percent of all the members of the Employment Relations Board that have been nominated on such Board as representatives of the employers.
\n
(7)(a) The Prime Minister may, from time to time, if he thinks fit and after consultation as provided in subarticle (2) add to the list provided for it in the said subarticle. (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) of sub-article (3) for the EMPLOYMENT AND INDUSTRIAL RELATIONS purpose of increasing the lists mentioned in the said paragraph.
\n
(8)The Minister shall also designate a public officer to be Secretary of the Tribunal and may also detail other public officers 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.
\n
(9)The registry of the Tribunal shall be the Registry of the Superior Courts; and the records of the Tribunal shall be kept therein.
\n
(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 any interest that they may have in the procedures and the Secretary shall, when in his opinion such interest may prejudice the independence of the chairperson or of the member concerned, appoint another chairperson or member in accordance with the lists mentioned in sub-articles (2) and (3) respectively:
\n
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.
\n
Reference to Tribunal.
\n
Amended by:
\n
III. 2004.7.
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS
\n
Art. 74
\n
74.(1) Where steps taken by the Minister under article 69 to promote an amicable settlement of a trade dispute have not resulted in a settlement, any of the parties may notify the Minister in writing accordingly.
\n
(2)Where all the parties to a trade dispute agree to refer the dispute to the Industrial Tribunal, they may request the Minister in writing to refer the dispute to the Tribunal.
\n
(3)Upon receipt of a notification under sub-article (1) and upon being satisfied that the notification or request has been received from a bona fide employer or from an employers’ association or from a trade union representing the interests of the workers concerned in the dispute, the Minister shall refer the dispute to the Tribunal for settlement by it; and he shall do so within twenty-one days from the date of the notification or request.
\n
(4)The Minister may refer to the Tribunal for advice, any matter relating to or arising out of a trade dispute, or trade disputes generally, or trade disputes of any class, or any other matter which in his opinion ought to be so referred.
\n
Jurisdiction of the Industrial Tribunal.
\n
Amended by:
\n
III. 2004.8.
\n
LVIII.2020.4.
\n
Art. 75
\n
75.(1) Notwithstanding any other law, the Industrial Tribunal shall have the exclusive jurisdiction to consider and decide (a) all cases of alleged unfair dismissals; (b) all claims made in accordance with sub-articles (11) and
\n
(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 proceedings in respect of an offence against any enactment and the remedy of a worker so dismissed or 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:
\n
Provided that nothing in this sub-article shall be construed as affecting the provisions of the Constitution of Malta with respect 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 expression \"worker\" does not include public officers or any person to whom the Ordinance or the Act aforesaid applies.
\n
(2)Where it is alleged that a worker has been unfairly dismissed by an employer, or where there is an alleged breach of a ny o b li ga ti on a r isi n g ou t o f an y m a t t e r f a l l in g w it hi n t he jurisdiction of the Industrial Tribunal under Title I of this Act or any regulations prescribed thereunder, the matter shall be referred to the Tribunal for a decision by it by means of a referral in writing made by the worker alleging the breach, or by some other person EMPLOYMENT AND INDUSTRIAL RELATIONS acting in the name and on behalf of such worker.
\n
(3)Any referral made in accordance with the last preceding sub-article shall be made by means of a declaration stating the facts of the case, presented in the Registry of the Tribunal and shall, in all cases, be so presented by not later than four months from the effective date of the alleged breach.
\n
Art. 76
\n
76.(1) The Chairperson of the Tribunal may be challenged, or shall abstain, from sitting in any of the circumstances set out in article 734 of the Code of Organization and Civil Procedure; and in any such case the provisions of Sub-Title II of Title II of Book Third of that Code shall apply in so far as they are applicable and subject to the other provisions of this Act:
\n
Procedure of the Tribunal.
\n
Amended by:
\n
XXXIII. 2016.4.
\n
Provided that if all the persons appointed in accordance with article 73(2) are successfully challenged, the Tribunal shall be chaired by another person appointed ad hoc by the Minister and who shall not be challenged.
\n
(2)Any member of the Tribunal other than the Chairperson may be challenged, or shall abstain, if he has given evidence in any court of inquiry or before a conciliator concerning the trade dispute before the Tribunal, or if any party to the dispute proposes to call him as a witness; and in any such case, and in the case of any other lawful impediment of any such member, he shall be replaced by another person selected by the Chairperson from the appropriate panel referred to in article 73(3)(b), or article 73(5)(c) applies, by another person appointed ad hoc by the Prime Minister.
\n
Art. 77
\n
77.(1) The Tribunal shall have such powers as are, by the Code of Organization and Civil Procedure, vested in the Civil Court, First Hall.
\n
(2)Without prejudice to the foregoing provision of this article, the Tribunal shall have the power to summon witnesses and to administer the oath, to appoint assessors, and to require any person who appears to it to have special knowledge of any relevant matter, or of any of the matters to which the trade dispute or complaint referred to it relates, or of the matter referred to it, to furnish in writing or otherwise, and to confirm on oath, such opinion and such particulars relating to that dispute, matter or complaint as the Tribunal may require, and may authorise any person to administer the oath for that purpose:
\n
General powers of the Tribunal.
\n
Amended by:
\n
XXXIII. 2016.5.
\n
Provided such witness, assessor, expert or any other person, as the case may be, shall be heard in evidence and shall be examined in a Tribunal hearing and the parties to the case shall have the right to ask questions.
\n
(3)Witnesses shall be paid fees in accordance with the Witnesses (Fees) Ordinance.
\n
Art. 78
\n
78.(1) The Tribunal shall decide any issue referred to it within a period that does not exceed one month from the date of the referral, unless in the opinion of the Chairperson, a longer period is necessary for a valid reason which must be stated and registered in Further provisions with respect to the Tribunal.
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS the proceedings of the Tribunal.
\n
(2)The case for any party to a dispute may be presented by the party itself which may choose to be represented or aided by a person or persons of its trust.
\n
(3)Subject to the provisions of this Act and to any rules made or deemed to be made under this article, the Tribunal shall regulate its own procedure. Whatever the procedure adopted, the Tribunal shall endeavour to ensure that justice is done according to the substantive merits of the case; and, subject to the rules of natural justice, the Tribunal shall reach its conclusions on any matter in such a manner as it deems appropriate.
\n
(4)The Tribunal shall hold its sittings in public unless, having regard to the nature of the dispute or other matter before it, the Chairperson deems it proper to conduct the proceedings or part thereof in private.
\n
(5)Where the members of the Tribunal are more than one and they are unable to agree as to their award, decision or advice, the matter shall be decided by the Chairperson acting with full powers of an umpire.
\n
(6)The Minister may make rules establishing the procedure to be followed by and before the Tribunal and otherwise making such provisions with respect to such proceedings as he may deem necessary or expedient.
\n
Fees.
\n
Amended by:
\n
L.N. 427 of 2007.
\n
Art. 79
\n
79.(1) The Minister may by regulations prescribe the fees payable to any person representing the parties in proceedings before the Tribunal.
\n
(2)The Tribunal shall in its award or decision tax the fees of the person or persons representing either party in accordance with the Tariff made under the preceding sub-article.
\n
(3)No person shall charge fees in excess of those taxed by the Tribunal or in the absence of such taxation, in excess of the Tariff.
\n
(4)Any party who is charged fees in excess of any tariff which is or may be prescribed by law may claim back the excess by a w rit ten requ est to th e S ecretary o f the Trib unal, w ho sh all thereupon verify the claim, and if so verified, shall order the person to whom the excess was paid to refund it to that party.
\n
(5)If the Tribunal finds that there was gross overcharging it m ay o rder the person so overcharg ing to p ay a pen alty not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) to the Secretary, who shall upon receiving that penalty transmit it to the Consolidated Fund.
\n
(6)An order for reimbursement made in terms of sub-article
\n
(4)and an order to pay a penalty made in terms of sub-article (5), shall be an executive title for all intents and purposes of the Code of Organization and Civil Procedure and shall be enforceable as such by the Civil Court, First Hall in the same manner and by the same means laid down in that Code.
\n
EMPLOYMENT AND INDUSTRIAL RELATIONS
\n
Art. 80
\n
80.(1) In giving any award, decision or advice the Tribunal may give consideration to the social and economic policies and to the principles of social justice prevailing at the time of its pronouncement if it considers that these are relevant to the determination of the case before it.
\n
Provisions affecting awards and decision of Tribunal.
\n
Amended by:
\n
XXXIII. 2016.6.
\n
(2)Where any matter before the Tribunal concerns or relates to public officers the Tribunal shall abstain from taking cognizance of any matter which is within the functions of the said Commission.
\n
(3)Where the matter before the Tribunal concerns or relates to persons employed with bodies corporate established by law and managed by a board or other body appointed by the Government or to persons employed with companies in which the Government has a controlling interest, any award or decision of the Tribunal shall, where the Tribunal considers that it is appropriate, take into account the maintenance of due relativity between the terms and conditions of those employees and the terms and conditions of public officers.
\n
(4)The Tribunal shall not make any award or decision which is inconsistent with any enactment, or other instrument having the force of law, regulating wages and other terms and conditions of employment.
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Art. 81
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81.(1) Where on a complaint for unfair dismissal referred to the Tribunal under article 75, the Tribunal (a) finds that the grounds of the complaint are wellfounded, and (b) on the specific request of the complainant to be reinstated or re-engaged made in the referral or in the statement of his case, the Tribunal considers that it would be practicable and in accordance with equity, for the complainant to be reinstated or re-engaged by the employer, the Tribunal shall make an order to that effect, stating the terms on which it considers that it would be reasonable for the complainant to be so reinstated or re-engaged:
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Provided that where the complainant is employed in such managerial or executive post as requires a special trust in the person of the holder of that post or in his ability to perform the duties thereof, the Tribunal shall not order the reinstatement or reengagement of the complainant; but where the complainant was appointed or selected to such post as aforesaid by his fellow workers the Tribunal may order his reinstatement or re-engagement in the post held by him before such appointment or selection.
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(2)Where on a complaint made under article 75, the Tribunal finds that the grounds for the complaint are well-founded (a) in cases of unfair dismissal, if there is no specific request for reinstatement or re-engagement or the Tribunal decides not to make an order for reinstatement or re-engagement as aforesaid, the Tribunal shall make an award of compensation, to be paid by the employer to the complainant, in respect of Powers of Tribunal in cases of dismissal.
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Amended by:
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V. 2009.4;
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XI.2026.7.
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EMPLOYMENT AND INDUSTRIAL RELATIONS the dismissal:
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Provided that, in determining the amount of such compensation, the Tribunal shall take into consideration the real damages and losses incurred by the worker who was unjustly dismissed, as well as other circumstances, including the worker’s age and skills as may affect the employment potential of the said worker; (b) in all other cases other than cases alleging a breach of articles 26, 27, 28, 29 or 29A, the Tribunal may make such order as it deems necessary in order to remedy the breach or it may make an award of compensation to be paid by the employer to the complainant, or it may award such compensation and make such orders as it may deem necessary in order to remedy the breach; and (c) in cases alleging a breach of articles 26, 27, 28, 29 or 29A the provisions of article 30(2) shall apply.
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Effects of awards or decisions by Tribunal.
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Amended by:
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XX.2022.6.
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Art. 82
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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:
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Provided that it shall not be open to either of the parties to seek by unilateral action a revision of any award or decision of the Tribunal before the expiration of at least one year from the date of such award or decision.
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(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.
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(3)In cases of unfair dismissal and in cases falling under the jurisdiction of the Industrial Tribunal in accordance with in accordance with article 75(1)(a), (b) and (c), there shall be a right of appe al on a point of l aw. Su ch appeal shall b e made by an application to the Court of Appeal constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure. Such application shall be filed by not later than twelve days from the date of the decision of the Tribunal:
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Provided that when an appeal is lodged to the Court of Appeal and a plea is entered by either of the parties that the appeal is null and void because it is not based on a point of law decided by the Tribunal or that the appeal is null and void at law for any other reason whatsoever, that appeal shall be referred by the Registrar to the Court of Appeal for a decree in camera on the admissibility or EMPLOYMENT AND INDUSTRIAL RELATIONS otherwise of the appeal.
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(4)The enforcement of the awards 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.
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Art. 83
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83.(1) If any question arises as to the interpretation of any award or decision of the Tribunal (other than a decision under this article), the Minister or any party to the proceedings may apply to the Tribunal for a decision of such question and the Tribunal shall decide the matter after hearing the parties or, if the parties have so agreed, without any such hearing. The decision of the Tribunal shall be notified to the parties and shall be binding in the same manner as if it had formed part of the original award.
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Interpretation of awards and decisions of Tribunal.
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Amended by:
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L.N. 427 of 2007.
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(2)For the purposes of this article the membership of the Tribunal shall be as far as may be reasonably possibly identical to the membership of the Tribunal when it made the award the interpretation of which is requested.
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(3)If during the hearing of any application made under subarticle (1), the Tribunal finds that the application is vexatious, the Tribunal may order the offending party to pay to the other party a penalty not exceeding four hundred and sixty-five euro and eightyseven cents (465.87). Any such penalty shall be recoverable as a civil debt.
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TITLE III
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SUPPLEMENTARY PROVISIONS
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Art. 84
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84.(1) Subject to the provisions of Title II of this Act, and without prejudice to the special provisions therein contained with respect to public officers, the provisions of Title II of this Act, other than the provisions of articles 69 and 72 and the provisions relating to dismissals or termination of employment, shall have effect in relation to government employment and to workers who are government employees as they have in relation to other employment and to other workers. The provisions excluded by this sub-article shall not apply to government employees unless specifically provided for in terms of article 48(1).
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Application of Act to government employees.
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Amended by:
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IX. 2003.126.
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(2)In this article \"government employment\" means employment under or for the purposes of a government department, otherwise than as a member of a disciplined force, and \"government employee\" means a person who for the time being is in government employment.
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Art. 85
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85.All expenses required to put into operation the provisions of this Act, including the expenses of the Tribunal and of any council, court of inquiry or of any person appointed by or under this Act, shall be a charge on and be paid out of the Consolidated Fund.
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Expenses necessary for putting Act in operation.
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Art. 86
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86.All regulations, orders and subsidiary legislation made under or kept in force by the Conditions of Employment (Regulation) Act (repealed by this Act * ) and by the Industrial Savings.
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EMPLOYMENT AND INDUSTRIAL RELATIONS Relations Act (repealed by this Act * ) and any National Standard Order and Wages Council Wage Regulation Order in force on the date on which this Act comes into effect, shall continue in force thereafter and shall have effect thereafter as if made under this Act, and may be amended or repealed accordingly. *Article 18(1), (2), (3) and (4) of the Conditions of Employment (Regulation) Act, in relation to entitlement to maternity leave, which is to continue to be regulated by the Conditions of Employment (Regulation) Act, is still in force. *All cases which immediately before the coming into force of the Employment and Industrial Relations Act were pending before the Industrial Tribunal, as constituted under the Industrial Relations Act, shall continue to be regulated by the said Industrial Relations Act.
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EMPLOYMENT AND INDUSTRIAL RELATIONS SCHEDULE (Article 64(6)) List and number of offices required to be manned at all times for the continued provision by the Government of essential services to the community.
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Offices Number CATEGORY A ADMINISTRATIVE SERVICES Director General (Health) Administrative Director responsible for Pharmaceutical Services Administrative Director responsible for Hospitals Administrative Director responsible for Public Health Administrative Director responsible for Primary Health Care Consultants in Administrative Posts .........................
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Principal Medical Officers .......................................
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Port/Airport Medical Officers ..................................
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CLINICAL SERVICES IN MALTA Consultants All D irectors and Clini cal Chairperso ns (with respect to administrative duties and responsibilities to ensure the effective running of their respective departments) ...........................................................
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Medical Administrator – Gozo General Hospital ......
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Manager Nursing Services St. Luke’s Hospital Mount Carmel Hospital Boffa Hospital Gozo General Hospital St. Vincent De Paule Manager Midwifery services Manager Radiography Manager Physiotherapy Manager Laboratory Services CATEGORY B - DOCTORS For the purposes of this category, the term \"on call\" shall mean that the person may be contacted by phone, pager or otherwise and is expected to exercise clinical judgement and the term \"resident\" shall mean present on site in the hospital to deliver emergency services; the term \"by day\" shall mean from 8.00 am to 10.30 pm and the term \"by night\" shall mean from 10.30 pm to 8.00am.
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Accident and Emergency Department On Call ...................................................................
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1 Consultant EMPLOYMENT AND INDUSTRIAL RELATIONS Offices Resident by day .......................................................
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Resident by night ....................................................
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Medicine Consultants On Call ................................................
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Resident ..................................................................
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Surgery Consultants On Call ................................................
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Number 6 Senior Registrar/ Registrar/SHO/MO/HM 4 Senior Registrar/ Registrar/SHO/MO/HM 1 Gastroenterology 1 Diabetology 1 Neurology 1 Nephrology 1 Haematology 1 Respiratory 1 Cardiology 1 Infectious Disease 2 Senior Registrars 2 Registrar/SHO 3 Housemen 1 Orthopaedic Surgery 1 ENT 1 Ophthalmology 1 Cardio Thoracic 1 Urology 1 Plastic Surgery 1 Neuro Surgery 1 Vascular/Transplant Surgery Resident ..................................................................
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2 Senior Registrars 1 Sen. Reg. Osthopaedics 2 Reg/SMO Gen Surgery 1 Reg/SHO Orthopaedics 1 Reg/SHO Ophthalmology 1 Reg/SHO Cardiothoracic 1 Reg/SHO Urology 1 Reg/SHO ENT 4 Housemen Paediatrics Consultants On Call ................................................ 1 Consultant Paediatrician 1 Paediatric Surgeon 1 Paediatric Cardiologist 1 Paediatric Oncologist Resident ..................................................................
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1 Senior Registrar 3 Reg/SHO/Houseman EMPLOYMENT AND INDUSTRIAL RELATIONS Offices Obstetrics and Gynaecology Consultants On Call ................................................
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Resident ..................................................................
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Number 1 Consultant Obstetrician 1 Senior Registrars 2 Reg/SHO 2 Housemen Anaesthesia Consultants On Call ................................................ 3 Consultant Anaesthetists Resident ..................................................................
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5 Senior Registrars 1 Sen Reg for ITU Radiology Consultants On Call ................................................ 1 Consultant Radiologist Resident .................................................................. 1 Senior Reg/ Reg/ SHO Blood Transfusion Consultants On Call ................................................
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1 Consultant Resident ..................................................................
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1 SHO/MO/Houseman Pathology Officers in charge on Call .......................................
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1 Toxicology 1 Virology 1 Bacteriology 1 Infection Control 1 Histopathology 1 Biochemistry 1 Public Health Laboratory Psychiatry Consultants On Call ................................................ 1 Consultant Psychiatrist Resident ..................................................................
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2 Sen Reg/ Reg/ SHO/ Houseman Geriatrics Consultants On Call ................................................ 1 Consultant Geriatrician Resident ..................................................................
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2 Sen Reg/ Reg/ SHO/ Houseman Oncology Consultants On Call ................................................ 1 Consultant Oncologist Resident ..................................................................
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2 Sen Reg/ Reg/ SHO/ Houseman Dermatology Consultants On Call ................................................ 1 Consultant Dermatologist CATEGORY C Nursing Services For the purposes of this category, the term \"by day\" shall mean from 7.00 am to 7.00 pm and the term \"by night\" shall mean from 7.00 pm to 7.00am.
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Special Care Baby Unit ...........................................
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Full staff complement EMPLOYMENT AND INDUSTRIAL RELATIONS Offices Number Intensive Therapy Unit ............................................
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1 Nurse per patient High Dependency Unit ............................................
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1 Nurse per 2 patients Renal Unit ............................................................... 1 Nurse for every 4 patients plus 1 for every special case Accident and Emergency .........................................
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8 Nurses by day and 5 nurses by night Labour Ward and Theatre ........................................ 5 Midwives plus 2 nurses/ midwives for Theatre Operating Theatres .................................................. Staff to provide services in 3 Theatres by day and 2 Theatres by night Coronary Intensive Care Unit ..................................
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1 Nurse per patient Coronary Care Unit .................................................
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3 Nurses by day and 3 Nurses by night General Acute Wards ...............................................
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2 Nurses by day and 2 Nurses by night Chronic Wards ......................................................... 1 Nurse by day and 1 Nurse by night Gynaecology Wards ................................................. 4 Nurses/Midwife by day and 3 by night Antenatal Wards ...................................................... 2 Midwives by day and 2 by night Post natal Wards ...................................................... 4 Midwives by day and 3 by night Paramedic and Other services For the purposes of this category, the term \"by day\" shall mean from 7.00 am to 7.00 pm and the term \"by night\" shall mean from 7.00 pm to 7.00am.
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Radiographers ......................................................... 2 by day and 2 by night Physiotherapists ......................................................
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4 by day Laboratory Technologists ........................................ 4 by day and 4 by night Pharmacists ............................................................. 3 by day and 1 by night Electrical Engineer .................................................. 1 by day and on call by night Mechanical Engineer ............................................... 1 by day and on call by night Maintenance Staff ..................................................
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3 by day and 3 by night Services at Gozo General Hospital 1 C o n s u l t a n t o n c a l l o n e a c h o f G e n e r a l M e d i c i n e , G e n e r a l S u rg e r y, Orthopaedics/Anaesthesia 4 Sen. Reg/ Reg/ SHO/ to cover wards and Emergency Department 1 Pharmacist 1 Lab Technologist 1 Maintenance Staff EMPLOYMENT AND INDUSTRIAL RELATIONS Offices Number Nursing and Midwifery as applicable to Malta Hospitals Ambulance Drivers Service By day ..................................................................... 8 Drivers in Malta and 3 in Gozo By night .................................................................. 4 Drivers in Malta and 2 in Gozo