I refer to the article entitled GWU launches campaign against industrial tribunal (TMID, 29 March) that was likely meant to be a faithful translation of a press release issued by the GWU the day before.
While the content of your translation appears correct, the context in which the heading was used is far removed from the true nature of the union’s press release. Unfortunately, the title distorted the real facts and gives the impression that the GWU is against the industrial tribunal and thus wants its elimination.
The GWU’s message is clearly stated in its press release. The GWU is lamenting about the constitution and composition of the tribunal. It is also questioning the bias which is entrenched in the law – whereby the tribunal is forced to follow the government’s economic policies. This is particularly true when the industrial dispute at hand concerns a public entity.
The way the industrial tribunal is structured according to law is hindered with certain impositions, and thus, where public entities are involved it is not performing as an independent and impartial institution. Therefore, for this anomaly to be rectified, the Industrial Tribunal urgently needs to be reformed. Reformation of the industrial tribunal was therefore the sole reason behind the two Constitutional applications filed by Dr Aron Mifsud Bonnici, the GWU’s Legal Counsel, last Friday on behalf of the GWU.
The Industrial Tribunal is a sensitive institution. It is empowered to decide on labour-related issues and disputes, and its decisions are binding on the parties and carry the same weight as those delivered by the Courts in Malta. The GWU strongly feels that the industrial tribunal should be impartial and its decisions should reflect such impartiality, whatever the case at hand and whoever the parties in dispute are.
By launching a campaign for a reformed Industrial Court or Tribunal, the GWU is clearly showing that it is in favour – and not against – a judicial body for the adjudication of industrial disputes. The GWU is, however, against a body which remains exposed to unwarranted interference and which fails to satisfy the fundamental tenet of impartiality and independence enshrined in the Constitution and the European Convention of Human Rights.
Charles Vella
GWU media and information executive
Valletta