Several magistrates and judges had to postpone court sittings on Tuesday as court registrars, messengers and other staff did not carry out key tasks as part of industrial action.

The industrial action left some judges and magistrates without a court registrar - the person who assists with several tasks, including the registration of sitting minutes. Court staff was also instructed not to record sittings.

The industrial action was ordered by two trade unions that are fighting for recognition of staff at the law courts ahead of the lapse of the current collective agreement at the end of the year.

In a statement, the Court Services Agency that runs the law courts, said it was currently facing an industrial dispute concerning the representation for some of its workers by two trade unions: the General Workers Union and the Union Ħaddiema Magħqudin – Voice of the Workers.

"We have the numbers" - GWU

The dispute revolves around a decision taken by the Department for Industrial and Employment Relations that informed the GWU that its request for representation cannot be upheld, as the deadline for such requests had lapsed.

According to trade union law, recognition cannot be sought within three months before the elapse of a collective agreement. The collective agreement for law court staff expired at the end of this year.

Kevin Camilleri, GWU deputy general secretary, said that the union had first filed for recognition in October 2023.

“We have the numbers. What we are saying is that we have the right to request recognition so that our members are represented by the union they chose,” he said adding that without recognition the union would not be able to participate in negotiations for the upcoming collective agreement.

The directives include that GWU members do not replace employees on vacation leave or sick leave, assistant registrars are prohibited from sending replacements and cannot replace those deputy registrars who are on leave or sick leave, and GWU members are not allowed to record sittings.

The UĦM has issued similar instructions to its members.

The agency said it was committed to upholding workers’ rights and "appeals to all parties involved to recognise the essential role that the court plays in our society, without prejudice to the rights of all parties involved."

Minister visits courts, appeals for resolution

Justice Minister Jonathan Attard visited the law courts on Tuesday and urged the parties to resolve their issues and to consider the impact which their actions were having on the people.

It was important to keep in mind that the industrial actions were not about working conditions, but union recognition, he said.

The minister thanked all those who worked to ease the inconvenience caused, particularly members of the judiciary and the court's administration.