MALTA Law and Practice Contributed by: Paul Gonzi, Rebecca Diacono and Mattea Pullicino, Fenech & Fenech Advocates
testimony via videoconferencing if they are unable to testify in person.
composed of a chairperson and two other members who are selected by the chairperson of the tribunal. Sittings before the Tribunal are generally open to the public, although the Tribunal may decide that a case should proceed behind closed doors. The process before the Industrial Tribunal begins with an application being filed. The Tribunal then allows time for the defendant to rebut the allegations by means of filing a reply. A practice generally adopted by the Tribunal is that of asking whether the parties have sought to resolve the matter amicably prior to moving forward with proceedings. Following the reply being filed, and provided that the parties have not reached an out-of-court settlement, the parties are then given the opportunity to support their case with evidence and oral and/or written pleadings. It is worth noting that the parties may reach a settlement at any point during the proceedings prior to the final deci - sion. Although Maltese law delineates that the Tribunal must decide cases within one month, the vast major - ity of cases are not decided within this period. On average, cases are not determined before one to two years have passed, and this may be extended in the case of an appeal. 9.2 Alternative Dispute Resolution The EIRA refers to the exclusive jurisdiction of the tri - bunal in certain instances, and therefore it is argued that the possibility to arbitrate is limited. While Maltese law does not expressly prohibit pre-dispute arbitration agreements in employment disputes, neither does it provide that pre-dispute arbitration agreements are enforceable; therefore, these may be disputed, par - ticularly in cases where the tribunal is declared to have
9. Dispute Resolution 9.1 Litigation Employment Forums
Employees are entitled by law to raise various com - plaints should they arise. The competent authority before which a complaint must be brought varies depending on the nature of the claim in question. The Industrial Tribunal in Malta is the competent forum to hear claims relating to unfair dismissals, trade dis - putes, and other specialised employment law dis - putes, such as discrimination, harassment and vic - timisation. Employees may also lodge certain claims, mainly contractual, before the civil courts, as well as seek intervention from competent authorities in the event of offences against the law, such as the Department of Employment and Industrial Relations, the Office of the Information and Data Protection Commissioner, as well as the National Commission for the Promotion of Equality. The EIRA does not expressly cater for class actions to be brought before the Maltese Industrial Tribunal; however, there are instances where a dispute/claim may be filed on behalf of several employees contem - poraneously. The Industrial Tribunal The Industrial Tribunal is free to regulate its own pro - cedures; however, it is expected to abide by the rules of natural justice and decide the case at hand based on its substantive merits. The Tribunal is vested with the powers of the courts in accordance with the Code of Organisation and Civil Procedure. The configuration of the Tribunal is determined depending on the issue at hand. In disputes that relate to conditions of employment, the Tribunal is composed of one chairperson, whereas where the situation relates to industrial relations, the Tribunal is
exclusivity. 9.3 Costs
Prevailing employees are generally reinstated and/or awarded monetary compensation. The tribunal will typically award a token payment towards representa - tion costs, and the parties are otherwise expected to cover their own costs and legal fees.
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