Court action taken by a trade union against the Industrial Tribunal and its members was unethical and undermined the proper functioning of this institution, the Malta Employers' Association said on Tuesday.

The MEA was referring to constitutional proceedings filed by the Union of Professional Educators which is seeking to revoke an Industrial Tribunal decision preventing it from representing learning support educators (LSEs).  In June the tribunal concluded that LSEs could not be considered as a ‘separate bargaining unit’ from other categories of educators and they were covered by the collective agreement signed between the directorate and the Malta Union of Teachers.

In a statement on Tuesday, the MEA said any party can ask for the recusal of a member of the Industrial Tribunal if it proves that there is a conflict of interest, and indeed, the UPE itself had asked for the recusal of one of the members who was originally appointed to sit on the panel before the hearings started.

Parties also have recourse to an appeal of any Industrial Tribunal decision if they believe that the decision is faulty on a point of law.

"The decision by UPE to name the members of the Tribunal when it filed constitutional proceedings is unethical. The Industrial Tribunal has always been a respected institution and, although there have been many recommendations to strengthen its role and function by the MEA and other social partners, no one has ever cast a shadow of doubt over the integrity of the chairpersons in their quasi-judicial role, and appointed members," the association said.