Issue link: https://maltatoday.uberflip.com/i/674824
5 maltatoday, WEDNESDAY, 4 MAY 2016 News Opposition, unions insist magistrate should preside industrial tribunal TIM DIACONO THE Opposition and the Fo- rum Unions Maltin have in- sisted that a magistrate or judge should preside the industrial tribunal. PN MP Kristy Debono and Forum president Kevin Bonello urged the government to take the time to fully overhaul the currently defunct tribunal, rather than introduce a stop- gap measure. "The tribunal has perplexed unions for several years," Bonel- lo told a conference organised by the Malta Employers' As- sociation at the Mediterranean Conference Centre. "It often gives two completely different rulings on two very similar cas- es of discrimination by two dif- ferent employers, and some cas- es take years. We disagree with an interim measure, but rather expect the law to be changed once and for all." The Constitutional Court in February upheld a ruling hand- ed down last June, in favour of a claim by the General Work- ers' Union that the composi- tion of the industrial tribunal is in breach of the constitutional right to a fair hearing. Following the ruling, the tri- bunal was instantly dissolved and the government proposed a number of stop-gap measures – including a guarantee for the se- curity of tenure of the tribunal members and allowing for ap- peals on points of fact. However, the tribunal itself will still be headed by government-appoint- ed chairpersons. "The government's proposals are half-baked, and it would be better to shelve the tribunal for a longer time so as to achieve a better result following exten- sive consultation," Debono said. "The hearings must be presided by a magistrate or judge, who can only be removed by two thirds of Parliament and who will be therefore free of political interference." However, Malta Employers' Association deputy general sec- retary Joe Farrugia warned that the tribunal cannot remain de- funct for much longer. "It hasn't been hearing cases since February and interim measures are necessary," he said, while calling on a system of capping for compensations issued by tribunal chairpersons. As was the case in the past, the government's plans envisage the tribunal's chairperson to be assisted by two representa- tives – from a trade union and an employers' association. Debono, Bonello and Farrugia all threw their weight behind this proposal, but it was chal- lenged by lawyer Andrew Borg Cardona. "Judges and magistrates are perfectly capable of making their own decisions, without two wingmen by their sides," he said. "They can request ex- pert advice if they require it, but they don't need representa- tives of workers and employers by their side at all time. Should magistrates hearing property cases be assisted by a landlord or tenant?" However, Bonello and Farru- gia insisted that trade union and employer representatives were required to advise the magis- trate about the on-the-ground realities of the workplace. "We have seen enough exam- ples of incompetent legal people who have no idea how industry works," Farrugia said. "Employ- er and worker representatives must assist the magistrate or judge to ensure that their deci- sions are truly competent." PN MP Kristy Debono and lawyer Andrew Borg Cardona at the MEA conference