Malta: Employment Litigation/ Tribunals

When can an employer in Malta dismiss an employee without conducting a disciplinary hearing? A recent Industrial Tribunal decision challenges the established norm that procedure always prevails over merits, examining the circumstances under which repeated insubordination and workplace safety violations may justify summary dismissal without formal disciplinary proceedings.

Malta's proposed Bill No. 166 seeks to transform workplace protections by implementing the ILO's Violence and Harassment Convention, 2019. The legislation expands coverage beyond traditional employees to include jobseekers, volunteers, and interns, while redefining work environments to encompass digital spaces, commutes, and work-related social activities. Will these sweeping reforms set a new standard for workplace dignity and safety in Malta?

Art. 81 (2) (a) EIRA : "Where on a complaint made under article 75, the Tribunal finds that the grounds for the complaint are well-founded –(a) in cases of unfair dismissal...

Chapter 452 of the Laws of Malta limits the right of appeal of an aggrieved party in cases of unfair dismissal and other cases falling within the jurisdiction of the Industrial Tribunal

By its judgment of the 25th of January 2019 in the names Galea vs. L-Università ta' Malta, the Court of Appeal decided that cases of termination of fixed term employment contracts do not fall

On the 5th December 2018, the Industrial Tribunal, in the case of Christopher Zammit Dimech vs Cherry Limited relating to unfair dismissal, awarded €20,000 as compensation for unfair dismissal and €10,000 as compensation...

When the incident occurred, Mr Micallef was seated next to a particular machine which is known as a stitcher.

The Court of Magistrates has recently decided a case which, has been brought by the police against two directors of a restaurant in Gozo.

The European Court of Justice has recently ruled that time spent by tradesmen travelling between their home and their clients, has to be regarded as working time.