Oct 18 - Bar Council Welcomes New Employment Tribunal
The Bar Council has welcomed the introduction by the Government of the new Employment Tribunal together with the reformed rules and regulations which will now govern its practice and procedure.
The Bar Council says that the introduction of the Employment Tribunal follows a lengthy and thorough process of consultation, review and reform which has resulted in a “complete overhaul of a tribunal system that had failed to keep pace with and therefore no longer catered for” the needs of Gibraltar’s modern and sophisticated employment environment.
A statement continued: “The Council notes that its detailed and comprehensive submissions during the initial consultation process and its input on the draft rules and regulations produced therefrom have assisted the Ministry for Employment and Business and been taken into account in large measure.
“We agree with the Ministry that the introduction of mediation, the improvement of the procedural forms used, the availability of wider case management powers for Chairpersons and the extension of the Tribunal’s jurisdiction to cover other related employment claims can, if properly implemented, result in earlier and more cost-effective resolution of claims and disputes by amicable agreement between the parties as experienced in other jurisdictions.
“We would like to acknowledge the vision, determination and endeavour of Minister Costa and his team – in particular his Ministry’s Legal Counsel Mr John Paul Fa – in their delivery of these initiatives.
“The Bar Council hopes that these reforms will provide Gibraltar with a modern forum for the resolution of all employment disputes that is not only fit for purpose but notably improves access to justice and the manner in which it is delivered. The Bar Council remains in discussions with Government on some aspects of the package of reforms that would require further adjustment if the objectives of maximising the success of mediation, a more efficient handling of cases and the swifter production of judgments is to be facilitated. The Council is hopeful that agreement will be possible in these areas.
“The Council would also like to acknowledge the work of our committee members Mr Kenneth Navas and Mr Andrew Cardona, also assisted by Mrs Gabrielle O’Hagan, who have led its participation in the consultation process held by the Ministry.
“We look forward to seeing the Employment Tribunal in action, supporting our members and working with the Ministry during the implementation stages of the new structures.
“Finally, the Council warmly welcomes the provision of a bespoke judicial training course for Chairpersons at the University this week by the National Judicial Training Panel of the Employment Tribunals of England and Wales. The course was favourably received by the attending Chairpersons whose task it will be to implement the comprehensive new body of rules that govern the practice and procedure of the Employment Tribunal.”
{fcomment}
