EMPLOYMENT COMMISSION ACT

EMPLOYMENT COMMISSION

CHAPTER 267

EMPLOYMENT COMMISSION ACT

To make provision conferring powers upon the Employment Commission

and regulating its procedure and to provide for other matters relating to

the said Commission or connected with or ancillary to any of the foregoing

matters.

(29th July, 1976) *

ACT XXXI of 1976, as amended by Act XIII of 1983 ; and Legal

Notice 423 of 2007 .

The short title of this Act is the Employment Commission

Act.

In this Act, unless the context otherwise requires -

"the Commission" means the Employment Commission

established by article 120 of the Constitution;

"function" in relation to the Commission means the function

assigned to it by the aforesaid section of the Constitution that is to

say "to ensure that, in respect of employment, no distinction,

exclusion or preference that is not justifiable in a democratic

society is made or given in favour or against any person by reason

of his political opinion";

"Secretary" means Secretary to the Employment Commission.

(1) The Commission shall have jurisdiction to hear and

determine any application made by any person in pursuance of

article 120(8) and (9) of the Constitution on the ground that, in

respect of employment, a distinction, exclusion or preference that

is not justifiable in a democratic society has been made or given to

his prejudice by reason of his political opinions.

(2) Where an application as aforesaid has been made to the

Commission in accordance with the provisions of this Act, the

Commission may make such orders, issue such writs and give such

directions as it may consider appropriate for the purpose of

enforcing, or securing the enforcement of the provisions of article

120(8) of the Constitution

Provided that the Commission may, if it considers it desirable

so to do, decline to exercise its powers under this section in any

case where it is satisfied that adequate means of redress for the

alleged distinction, exclusion or preference are or have been

available to the applicant under any other law.

(3) For the purpose of the exercise of its function, the

Commission shall have all the powers conferred on the Civil Court,

First Hall by the Code of Organization and Civil Procedure.

*See Government Notice No. 411 of 29th July, 1976.

EMPLOYMENT COMMISSION

(1) Without prejudice to the generality of the provisions of

article 3, the Commission shall have power to order the

employment, the non-employment and the termination of

employment of any person, as well as the terms and conditions of

any employment, the position or rank to be occupied by any person

in any employment and any other matter relevant or incidental

thereto; and

(a) where the Commission orders the employment of any

person, or a term or condition of employment or the

rank or position to be occupied by a person in any

employment, or any other matter concerning any

employment, any such order shall constitute a contract

of employment or a term or condition of employment,

or other matter to be observed or complied with in

relation to employment, between the persons to whom

it relates with effect from the date and in accordance

with the provisions contained in the order;

(b) where the Commission orders the termination of

employment of any person, any compliance with such

order shall not constitute an unfair dismissal for the

purposes of any enactment and, notwithstanding any

other enactment, no notice of termination shall be due;

but in the case of an order terminating the employment

of a person the Commission shall have power to

determine whether any compensation should be

payable by the employer in respect of such termination

and, where such compensation is payable, the

Commission shall have power to determine the amount

and to order the payment thereof;

(c) any order or direction made or given by the

Commission shall be capable of forced execution.

(2) Without prejudice to the other provisions of this Act and to

any other law, any act done or omitted to be done in contravention

of any order or direction made or given by the Commission, and

any act done or omitted to be done in order to avoid, or having the

effect of avoiding, any such order or direction, shall constitute

contempt of the Commission and the provisions of article 3(3) shall

apply as they apply in the case of contempt of the Civil Court, First

Provided that the period of detention and the fine (multa) to

which a person may be sentenced for any such contempt shall be a

period of detention not exceeding six months and a fine (multa) not

exceeding two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37).

(1) There shall be a Secretary to the Employment

Commission who shall be a person appointed as such by the Prime

Minister or a public officer designated by the Prime Minister to

perform the functions of Secretary.

(2) The Commission shall also have such other staff as the

Prime Minister may deem necessary and appoint or designate as

EMPLOYMENT COMMISSION

aforesaid.

(3) The terms and conditions of service of the Secretary and

staff of the Commission shall be such as the Prime Minister may,

after consultation with the Commission, from time to time

determine.

(1) Proceedings before the Commission shall be by

application filed with the Secretary.

(2) The application shall state clearly and concisely the facts

out of which the complaint arises, the nature of the complaint and

the redress sought by the applicant

Provided that it shall be lawful for the Commission, if the

application is allowed, to give any other redress within its

jurisdiction which it may consider to be more appropriate.

(3) Default of compliance in the application with the

requirements of the foregoing provisions of this section shall not

render the application null; but the Commission may, in any such

case, require the applicant to remedy, in such manner and within

such time as the Commission may deem appropriate, any such

default.

(4) The application shall be served on the person or persons

from whom or against whom the redress is sought (hereinafter

called "the defendant") without any avoidable delay.

(5) The Commission shall set the date for the hearing of the

application and shall communicate such date to the applicant and

the defendant.

(6) The provisions of this section shall be without prejudice to

the powers of the Commission under article 121 of the

Constitution.