Litigation & Arbitration | May 05, 2013

Court Practice and Procedure – GVZH Advocates’ contribution to the ICLG to Employment & Labour Law 2013 Edition

Court Practice and Procedure

Which courts or tribunals have jurisdiction to hear employment-related complaints and what is their composition?

The Industrial Tribunal has jurisdiction over all employment related matters, save for contractual issues which would be dealt with by our Civil Courts.

What procedure applies to employment-related complaints? Is conciliation mandatory before a complaint can proceed?

A case before the Tribunal must be presented by means of a referral in writing consisting of a declaration stating the facts of the case. The referral must be presented in the Registry of the Tribunal within four months from the effective date of the alleged breach.

There is no conciliation process which is mandatory prior to proceeding with presenting a claim.

How long do employment-related complaints typically take to be decided?

Typically employment related matters take around 14 months to be decided.

Is it possible to appeal against a first instance decision and if so how long do such appeals usually take?

There shall be a right of appeal from the decision of the Tribunal only on a point of law. Such appeal shall be made by an application to the Court of Appeal and shall be filed by not later than 12 days from the date of the decision of the Tribunal.

Terms and Conditions of Employment

Employee Representation and Industrial Relations

Discrimination

Maternity and Family Leave Rights

Business Sales

Termination of Employment

Protecting Business Interests Following Termination

Print this Page

Author

Andrew J. Zammit

View Profile

Send an Email

Share this page