Tribunal judgement annulled by the Courts (Malta, Court of Appeal)

11 June 2010, Valletta (Ref: App. Civ. Nru 17/2010). An Industrial Tribunal ruling was annulled by the Court on the basis of breach of principles of natural justice namely audi et alteram partem (the right to be heard).

In the sittings held, the parties made their submissions in regard to the first preliminary plea that the Tribunal was considering, this being that the action was instituted out of time. In its ruling, the Tribunal decided the second plea, on which no submissions were made by the parties, and actually went on to rule that since it was accepting the second plea, it had no need to decide whether or not proceedings were lodged out of time.

The Court pointed out that the adjudicator of any tribunal, even when authorised to regulate its own procedure in the manner considered most appropriate, is obliged to observe the most fundamental principles, which guarantee the parties the right to defend themselves including the right to express their positions. This is an inderogable principle of public order, that was not respected in the present case.

The Court quoted case law including Carlos Agius et v. John Cardona et (Inferior Appeal, 12 December 2007), where it was pointed out that one is not dealing with a violation of form, where the sentence delivered was essentially just, but a sentence that should not and legally could not have been delivered.

The Court of Appeal stated that it could stop there, annulling the Industrial Tribunal's ruling, but decided to go one step further, by providing guidelines on whether or not there existed a relationship of employment between the parties. The Hon. Judge specifically stated that since he was on the verge of retiring he was providing legal guidelines on how the Tribunal is to proceed on this matter (pp 7-8 of judgement).

To read the judgement (in Maltese) click here