Industrial tribunal chairpersons abstained from hearing cases on 45 occasions in the past year, fuelling lawyers’ complaints that the tribunal lacked impartiality and made their clients feel disadvantaged.
Six of the 10 tribunal chairpersons presiding over the various industrial tribunals have direct or indirect links to the government and the General Workers’ Union, but a spokesman for Social Dialogue Minister Helena Dalli refused to discuss this.
“The reason why a chairperson decides not to hear a case can be for various factors and not that which you are implying,” the spokesman said, when asked about links to the largest trade union.
In July, the government appointed lawyer Katrina Borg Cardona, Charmaine Cristiano Grech, Yana Micallef Stafrace, Joann Cutajar and James Pearsall as tribunal chairpersons.
Most of the chairpersons have direct or indirect links to the GWU
Dr Borg Cardona is married to GWU lawyer Aaron Mifsud Bonnici; Dr Cristiano Grech is married to GWU former section secretary Roberto Cristiano, formerly mayor of Gżira and now human resources manager at state energy company Enemalta; Dr Micallef Stafrace was the legal representative of GWU travel and insurance firm Untours while Mr Pearsall is the former union president.
Chairmen Harold Walls and Charles Cassar were appointed by the previous administration and their resignations following the general election were turned down. They were both heavily involved in the GWU.
The ministry spokesman said 45 cases changed chairperson in the past year because they abstained from hearing the case.
He could not specify how many of the abstentions were requested by one of the parties or whether the chair abstained because of a potential conflict of interest.
“When a chairperson abstains from a case, another case is assigned to him or her instead and the case is reassigned,” he said.
Several lawyers who specialise in industrial law told The Sunday Times of Malta on condition of anonymity that they and their clients often felt disadvantaged when faced by the people chairing their cases before the tribunal.
“Most of the chairpersons have direct or indirect links to the GWU. I am very surprised how none of the unions ever took a position on the matter,” one lawyer said.
Another said the authorities were duty-bound to ensure that justice is not only done but also seen to be done.
“There is a problem, even on a level of perception. I respect the integrity of the people chairing the industrial tribunal but this conflict certainly undermines the principle that justice is not only done but also seen to be done,” he said.
Another lawyer who also specialises in the field said: “Yes there’s a problem with that.
“This does not reflect badly on the integrity of any individual chairperson, as it is only the performance of these individuals that should be taken into account in this context, but the way the tribunal has been handled has put virtually all of them into a very awkward situation, whether they realise it or not.”
He said there was “the impression” among lawyers and clients that the tribunal is not independent of the government, the largest single employer in Malta.
“The close links with the government, because they are employed with government or public entities, or the GWU, is leading to a significant number of abstentions or, worse, to an increased perception of lack of impartiality when there is no such abstention,” he said.
According to statistics seen by this newspaper, there are currently 256 pending cases before the industrial tribunal, with 25 of them deferred for judgment.
Of these 25, one case has been put off for judgment for more than four years and another two have been awaiting judgment for between two and four years.
The majority (14) have been awaiting judgment for fewer than three months.