Industrial Tribunal

What is the Industrial Tribunal?

The Industrial Tribunal is a Maltese tribunal that has exclusive jurisdiction to decide on certain employment related issues. The exclusive jurisdiction of the Industrial Tribunal extends to:

• all cases of alleged unfair dismissals;
• all claims made for sums of money which may become due to an employee or to an employer following the termination of a fixed term employment contract before its expiration;
• an allegation of a breach of rules prohibiting discrimination, breaches of the principle of work of equal value, victimisation and harassment of employees as set out in the Employment and Industrial Relations Act (Chapter 452 of the laws of Malta) and regulations prescribed thereunder.

The above claims are to be referred by the employee to the Industrial Tribunal by not later than four months from the alleged breach.

The jurisdiction of the Industrial Tribunal does not, however, extend to proceedings in respect of an offence against the Employment and Industrial Relations Act and regulations prescribed thereunder.

Trade disputes may also be referred to the Industrial Tribunal for settlement by it in the manner set out in the Employment and Industrial Relations Act.

What remedies may be given by the Industrial Tribunal?

Where on a complaint for unfair dismissal the Industrial Tribunal finds that the grounds of the complaint are well-founded, and the Industrial Tribunal considers that it would be practicable and equitable for the complainant to be reinstated or re-engaged by the employer (if specifically requested by the complainant), the Industrial Tribunal would 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.

If, however, the complainant is employed in such managerial or executive post as requires a special trust in the holder of such post, the Industrial Tribunal will not order the reinstatement or reengagement of the complainant. Where, on the other hand, the complainant was appointed or selected to any such post by his fellow workers, the Industrial Tribunal may order his reinstatement or re-engagement in the post held by him before such appointment or selection.

Where the Industrial Tribunal finds that the grounds for a complaint of unfair dismissal are well-founded, if there is no specific request for reinstatement or re-engagement by the employee or the Industrial Tribunal decides not to make an order for reinstatement or re-engagement as aforesaid, the Industrial Tribunal will make an award of compensation to be paid by the employer to the complainant in respect of the dismissal. In determining the amount of such compensation, the Industrial Tribunal will take into consideration the real damages and losses incurred by the employee 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.

In cases involving discrimination, breaches of the principle of work of equal value, victimisation and harassment of employees, if the Industrial Tribunal is satisfied that the complaint is justified, it may take such measures as it may deem fit, including the cancellation of an employment contract or of any clause in such a contract or in a collective agreement which is discriminatory and shall order the payment of compensation for loss and damage sustained by the aggrieved party as a consequence of the breach.

In all other cases not mentioned above, the Industrial 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.

Can a decision of the Industrial Tribunal be appealed?

In cases of unfair dismissal and in cases involving claims for sums which may become due upon the termination of a fixed employment contract prior to its termination, there is a right of appeal on a point of law.

Such appeal must be made by an application to the Court of Appeal, which must be filed by not later than twelve days from the date of the decision of the Industrial Tribunal.