The Industrial Tribunal : its functions and responsibilities : a comparative analysis

Abstract

This thesis aims to give a comprehensive overview of the functions and responsibilities of the Maltese Industrial Tribunal, treating in detail its central role in the area of labour law litigation in the private sector and comparing it to its counterpart in the United Kingdom. The thesis is divided into four parts, the first part being dedicated to the Maltese system. Starting off with a general introduction about the Tribunal, the first chapter is straightforward and deals mostly with the composition and jurisdiction and the nature of Tribunal awards. The much debated point of whether appeals from Tribunal awards are permitted is also tackled, although it appears that the Courts have taken a very firm stand on the issue. The thesis goes on to analyse alleged unfair dismissal proceedings, which form the bulk of the Tribunal's work. How are proceedings to be instituted? What constitutes unfair dismissal? Despite the fact that the Conditions of Employment (Regulations) Act does not give an indication of what constitutes a 'good and sufficient cause' for dismissal, have any specific categories emerged from Tribunal awards? And equally important, what cannot constitute good and sufficient cause? Are there any categories of workers who are excluded from seeking redress in front of the Tribunal? All these issues, together with trade disputes, are dealt with in the first part of the dissertation. The second part is a general analysis of the workings of the Tribunal system vis-a-vis the Courts system and delves into the pros and cons of entrusting a particular area of litigation to a Tribunal, as opposed to a Court of Law. The thesis then goes on to deal with the United Kingdom Employment Tribunals. Again, I have concentrated in particular on alleged unfair dismissal proceedings in the United Kingdom and also on the highly organised system of remedies available. In the final part of my thesis, I have attempted to offer some suggestions in order to he!p the Industrial Tribunal function more efficiently and effectively: both the employers and the workers I interviewed appeared to agree that the introduction of an appeals system is a much needed reform.