INDUSTRIAL TRIBUNAL PROCEDURE [ S.L.452.18 1
SUBSIDIARY LEGISLATION 452.18
INDUSTRIAL TRIBUNAL PROCEDURE RULES
5th December, 1957
GOVERNMENT NOTICE 750 of 1957, as amended by Government
Notice 326 of 1958; Emergency Ordinance VI of 1958; Ordinance XXV of
1962; and Legal Notice 55 of 1984.
Title.
Substituted by:
L.N. 55 of 1984.
1. The title of these rules is the Industrial Tribunal Procedure
Rules.
Interpretation.
Amended by:
L.N. 55 of 1984.
Cap. 452.
2. In these rules, unless the context otherwise requires -
"Act" means the Employment and Industrial Relations Act;
"Chairman  means the Chairman of the Industrial Tribunal
appointed under the Act;
"Minister" means the Minister from time to time in charge of the
Department of Labour;
"secretary" means the Secretary of the Industrial Tribunal
appointed under the Act;
"Tribunal' means the Industrial Tribunal appointed under the
Act.
References to be 
addressed to the 
Chairman.
Amended by:
EM. Ord. VI of 
1958;
Ord. XXV of 1962;
L.N. 55 of 1984.
3. All references made by the Minister to the Industrial
Tribunal shall be addressed to the Chairman through  the Secretary
on one of the forms contained in the Schedule.
Secretary to inform 
Chairman.
4. On recept of a reference the Secretary shall inform the
Chairman who shall fix a date for the hearing of the reference or for
its consideration as the case may be.
Parties to the 
dispute to be 
informed.
5. The Secretary shall inform the parties to the dispute under
reference of the date of hearing, and ask them to provide five true
copies of the statement of case to reach the Secretary in a sealed
cover seven clear days before the day set for the hearing. The
Secretary shall on receipt give a copy of the statement of each party
to the Chairman and cause one copy of the statement of each party
to be served on the other at his last known address. Copies of the
statements shall also be given to each of the other members of the
Tribunal at the same time or as soon as they are nominated.
Representation 
before Tribunal.
6. The Secretary shall at the same time as he informs the
parties of the date of hearing, ask them to inform the Tribunal of
the persons who shall represent them before the Tribunal.
Selection of 
persons forming 
the Tribunal.
Amended by:
L.N. 55 of 1984.
7. The Secretary shall inform the persons selected to form
part of the Tribunal in terms of the provisions of the Act of their
selection and the date of hearing. The names of the persons so
selected shall also be communicated by the Secretary to the parties.
2 [ S.L.452.18 INDUSTRIAL TRIBUNAL PROCEDURE
List of witnesses.
Substituted by;
L.N. 55 of 1984.
8. (1) The statement of case shall contain a list of all the
witnesses that the party intends to produce in support of his case.
Besides the name and address of each witness such list shall
contain an indication of the proof that it is intended to make by the
production of each witness.
(2) No person whose name has not been included in the list of
witnesses may be produced to give evidence, unless the Tribunal is
satisfied that the omission of the name of such witness is justified
on the grounds that the party intending to produce such witness did
not know of such evidence on the date of the submission of the
statement of case, or that the need to produce such evidence arose
after the submission of the statement of case or for any other reason
to the satisfaction of the Tribunal.
Proceedings.
Amended by:
L.N. 55 of 1984.
9. The party making the claim or seeking to alter the  status
quo  shall open the case. On conclusion of the opening statement, he
shall call the evidence. The opposite party then shall open his case,
commenting, if necessary, on the case made by the other party, and
thereafter shall call his evidence. If any further evidence is then
necessary or a further statement is to be made, the Tribunal shall, in
its discretion, allow such proceedings to take place. The party
which opens the case shall have the right to reply, but if further
points are raised, it will be open to the Tribunal to allow the other
party to reply.
Case for 
settlement.
10. Where the question in dispute is of a nature that neither
party can be said to be making the claim or seeking to alter the
status quo  but is one which both parties are raising for settlement,
the Tribunal shall decide which party should begin, as well as the
procedure generally.
Summonses.
Substituted by:
G.N. 326 of 1958.
11. Summonses requiring the attendance of witnesses shall be
served in Form C in the Schedule, and shall be signed by the
Chairman of the Tribunal.
Decisions and 
awards.
12. Decisions and awards of the Tribunal shall be in writing
and shall not specify in detail the reason for such decision or
award, but may make reference to the main evidence heard. The
Tribunal, however, shall make it quite clear from its decision or
award that all the relevant arguments put forward by both sides
shall have been taken into consideration 
INDUSTRIAL TRIBUNAL PROCEDURE [ S.L.452.18 3
SCHEDULE
Amended by:
Em. Ord. VI of 
1958;
Ord. XXV of 1962;
L.N. 55 of 1984.
FORM A
VOLUNTARY SETTLEMENT OF A TRADE DISPUTE
in terms of the Employment and Industrial Relations Act
Ministry of ....................
The Chairman,
Industrial Tribunal.
Trade Dispute between ........................ and ...............................
Parties in Dispute:
Employees:
Employers:
Terms of remit:
The parties in the above trade dispute have applied to me to
refer the dispute to the Industrial Tribunal for settlement by it in
terms of the Employment and Industrial Relations Act.
You are therefore hereby requested to proceed accordingly.
MINISTER
Amended by:
Em. Ord. VI of 
1958;
Ord. XXV of 1962;
L.N. 55 of 1984.
FORM B
COMPULSORY SETTLEMENT OF A TRADE DISPUTE
in terms of the Employment and Industrial Relations Act
Ministry of ....................
The Chairman,
Industrial Tribunal.
Trade Dispute between ........................ and ...............................
Parties in Dispute:
Employees:
Employers:
Terms of remit as submitted by .....................................
Steps taken in terms of the Employment and Industrial Relations
Act have not resulted in a voluntary settlement of the above trade
4 [ S.L.452.18 INDUSTRIAL TRIBUNAL PROCEDURE
dispute.
............................... has notified me accordingly and has
requested me to refer the dispute to the Industrial Tribunal for
settlement.
You are therefore hereby requested to proceed in terms of the
Employment and Industrial Relations Act.
MINISTER
Amended by:
G.N. 326 of 1958;
L.N.55 of 1984.
FORM C
Summons of Witnesses
INDUSTRIAL TRIBUNAL
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
Trade dispute between .......................... and ...............................
To ....................................
Whereas in the above trade dispute the evidence of .....................
is required.
You are therefore requested to summon the said witness to attend
before this Tribunal at the Superior Courts, Valletta on
................... and so on any other day to which the hearing may be
put off, to give evidence and to produce the following documents
................... 
.......................................................................................................
You will warn the said ........................... that he/she shall be
liable to the penalties contemplated in the Act and in particular he
may be compelled to attend by a warrant of escort and he shall be
liable to all other consequences according to the provisions of the
Code of Organization and Civil Procedure subject to the provisions
of the above Act.
Given by order of the Industrial Tribunal.
