UHM, CMTU call for long-term solutions in industrial tribunal reform

The UHM Voice of the Workers (UHM) and the Confederation of Malta Trade Unions (CMTU) have called for long-term solutions in the government’s amendments to the Industrial Tribunal Act.

Calling some of the proposals made by the government “half baked”, CMTU president Martin Balzan said that the two organizations were in favour of long-term and permanent changes that wouldn’t end up being challenged again in the near future or under a new government. 

Some weeks ago, the Consitutional Court had reconfirmed that the law regulating the composition of industrial tribunals breaches the right to a fair hearing. The government had said that it had asked the Attorney General to draft amendments to the law to ensure more legal guarantees of the independence and impartiality of the tribunal. 

The act dictates that when a case before the tribunal affects persons employed by entities established by law and run by a board or corporation created by government, or in cases where persons are employed by a company in which the government has an interest and controls, a tribunal member is chosen to represent the interest of government, or the corporation involved in the work dispute, and must be a person chosen ad hoc by the ministry.

Another provision grants trade unions the right to choose a tribunal member, however there is no guarantee that this person would represent the interests of the union.

CMTU president Martin Balzan said that the government would soon be discussing these proposals and he sterssed the need to ensure that justice was being served for the employees. 

“The tribunal should have a level of expertise,” he said, adding that the proposals made so far were somewhat weak.

“They do not go far enough to safeguard the needs and rights of employees,” he said, adding that there should be legal know-how and expertise for it to work well. 

Balzan explained that tribunals should be presided by magistrates who have legal expertise. 

Asked whether the was concerned this would lengthen proceedings by the tribunal, Balzan said that under the current system, proceedings were still painfully and regrettably slow. 

Secretary general Josef Vella said that the government could no longer blame previous legislations for the issues being faced now. 

“I don’t think it’s healthy to keep pointing fingers at each other,” he said, adding that the UHM also felt that the government was seeking a half-way solution. 

“This feels like a temporary solution, and we feel that the solution should be found immediately and in the long term,” he siad.

“We also propose to elect new members of the boards, to be approved by the Employment Relations Board, to further ensure that there is proper and suitable representation,” he said, stressing the need for justice both in the final decision and in the representation of different entities. 

Balzan clarified that panel membes would need two thirds of the vote to have approval from either the government, trade unions or employers, represented on the ERB