Malta: Unfair/ Wrongful Dismissal

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

The Need For A Disciplinary Policy "In Black And White"

Besides having exclusive competence to hear and decide on other matters falling under article 75 (1) of the Employment and Industrial Relations Act (CAP 452)...

Malta Employment

GA

GVZH Advocates

Re-visiting Disciplinary Proceedings In Employment: Compensation, Re-instatement, Or Both?

In a recent judgement of the 6th of June 2025, the Maltese Court of Appeal addressed a significant case concerning unfair dismissal in Malta, confirming a decision of the Industrial Tribunal.

Malta Employment

GA

GVZH Advocates

Understanding The Calculation Of Compensation In Industrial Tribunal Decisions

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...

Malta Employment

GA

GVZH Advocates

Warning Letters In Employment

In the determination of the valid termination of an employee from their employment based on a good and sufficient cause, such termination must be justified by the employer.

Malta Employment

GA

GVZH Advocates

Understanding Maternity Rights: A Guide For Pregnant And New Mothers In The Workplace

Malta Employment

G

GTG

The Cost Of Neglect: Why Disciplinary Procedures Are Essential For Fair Dismissal

Malta Employment

GA

GVZH Advocates

Redundancy In Malta: Legal Framework, Specific Considerations, And Case Law

Malta Employment

G

GTG

When Employers Cross The Line: Unpacking Dishonest Dismissals

Malta Employment

GA

GVZH Advocates

The Complexities Of Employment

Malta Employment

Sciberras Advocates

'Equal Pay For Work Of Equal Value' The Importance Of Comparing Like With Like

Malta Employment

FM

Finance Malta

'Equal Pay For Work Of Equal Value' The Importance Of Comparing Like With Like

Malta Employment

GA

Ganado Advocates

Labour and Employment Comparative Guide

Malta Employment

FF

Fenech & Fenech Advocates

What Are The Employer's Obligations With Regards To Employee Representatives?

Malta Employment

GA

GVZH Advocates

Disapplying National Law: Case Summary

Malta Employment

GA

GVZH Advocates

What Does DAC 8 Mean For CASPs?

Malta Technology

MF

MK Fintech Partners

Malta Citizenship And Residence - Investment Migration Programmes - Your Gateway To Europe (Video)

Malta Immigration

CG

CSB Group

The Compliance Journey Of High-risk AI Providers And Deployers

Malta Technology

GA

Ganado Advocates

Creeping Power Grab

Malta Technology

G

GTG

10.3 – Luke Hili Meets Olaf Zahra (Podcast)

Malta Commercial

GA

Ganado Advocates

Advocating For Equal Treatment In Part-Time Employment

Less favourable treatment is always condemned in an employment relationship, more so when comparing whole-time employees as opposed to part-time employees.

Malta Employment

GA

GVZH Advocates

The Four-Month Rule To File

As a juridical body, the Industrial Tribunal has exclusive competence to settle trade disputes and to consider and decide all cases of alleged unfair dismissals.

Malta Employment

GA

GVZH Advocates

Manoeuvring Employment Disputes

Employment Law in Malta is mainly governed by the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) (the ‘EIRA'), which ensures fair treatment of workers...

Malta Employment

CG

CSB Group

Project Seafarer Harmony

Project Seafarer Harmony (hereinafter referred to as "the Project") outlines the salient legislation pertaining specifically to seafarers.

Malta Employment

GA

GVZH Advocates

Navigating Constructive Dismissal

Malta Employment

GA

GVZH Advocates

Constructive Dismissal Explained

Malta Employment

GA

Ganado Advocates

The Industrial Tribunal: No Jurisdiction In The Case Of Seaman's Unfair Dismissal

Malta Employment

GA

Ganado Advocates

Dismissing Employees On An Indefinite Contract

Malta Employment

CG

CSB Group

Part 1 Of A 2 Part Series On Leave Entitlement For Working Parents

Malta Employment

FF

FFF Legal

Definite Employment Contracts And Recourse Before The Industrial Tribunal

Malta Employment

FF

FFF Legal

Curbing Redundancies In Terms Of The Employment And Industrial Relations Act

Malta Employment

FF

FFF Legal

Employee Scam Victim Found To Be Unfairly Dismissed

Malta Employment

GA

Ganado Advocates

The War Of Rights – Employers Right To Query Employee Absence Vs The Right To Be Generally Fearful Of Covid-19

Malta Employment

GA

Ganado Advocates

The Reinstatement Of An Employee Following A Case Of Unfair Dismissal

Malta Employment

GA

GVZH Advocates

Curbing Redundancies In Terms Of The Employment And Industrial Relations Act

The unpredictability of COVID-19 has put many business owners and employees on edge. Notwithstanding the financial aid which has been made available to employers and employees in hopes...

Malta Employment

FF

FFF Legal

Employee Scam Victim Found To Be Unfairly Dismissed

In a decision delivered on 8 June 2021, in the names AB vs Arkadia Marketing Limited, the Industrial Tribunal decided that an employee was unfairly dismissed when his employment was terminated...

Malta Employment

GA

Ganado Advocates

The War Of Rights – Employers Right To Query Employee Absence Vs The Right To Be Generally Fearful Of Covid-19

The Maltese, as well as foreign courts, convey the message that, with regards to health and safety, employers are to provide a high standard of care towards their employees.

Malta Employment

GA

Ganado Advocates

The Reinstatement Of An Employee Following A Case Of Unfair Dismissal

The Employment and Industrial Relations Act (‘EIRA') regulates the powers of the Industrial Tribunal (‘Tribunal') in cases of dismissal.

Malta Employment

GA

GVZH Advocates

Recent Employment Law Amendments

Malta Employment

CG

CSB Group

Compensation Awarded By The Industrial Tribunal | How Is This Changing And Why?

Maltese Legislation does not impose an obligation on the Industrial Tribunal to include its reasoning for why a certain decision was taken and why damages were liquidated at a certain amount.

Malta Employment

GA

GVZH Advocates

The Definition Of Redundancy Under Maltese Law

When terminating on grounds of redundancy, Maltese law states that an employer must always follow the last in, first out rule. Thus, the last person engaged within a class of employees affected ...

Malta Employment

GA

GVZH Advocates

Terminating A Pregnant Employee's Employment During The Probation Period

Local employers are empowered to legally terminate their employees' employment during the probation period need or necessity to provide a reason to justify such dismissal.

Malta Employment

CG

CSB Group

Dismissing A Pregnant Employee During Probation Period

Maltese law allows employers to legally dismiss an employee during the probation period without giving a reason for such dismissal. Nevertheless, in terms of S.L. 452.91

Malta Employment

WP

WH Partners

How Far Should The Employer Go To Provide Alternative Employment In Case Of Health Problems?

Malta Employment

MT

Mamo TCV Advocates

Employers, Beware Of Being Too Lenient, Tribunal Warns!

Malta Employment

MT

Mamo TCV Advocates

High Compensation Awarded By The Industrial Tribunal For Unjust Dismissal From Employment

Malta Employment

GA

GVZH Advocates

Vacation Leave Entitlement During ‘Time Out' In Case Of Reinstatement

Malta Employment

GA

Ganado Advocates

What Form Must A Resignation Have To Be Valid?

Malta Employment

GA

GVZH Advocates

Court Confirms €90,374.43 Awarded For Unfair Dismissal

Malta Employment

MT

Mamo TCV Advocates

Can An Employee Appeal From The Amount Of Compensation Established By The Industrial Tribunal?

Malta Employment

MT

Mamo TCV Advocates

Termination Of Employment For Good And Sufficient Cause

Malta Employment

GA

GVZH Advocates

Pregnant Employee Dismissed During Probation

Malta Employment

GA

GVZH Advocates

Summary Dismissal Of Employees

Malta Employment

GA

GVZH Advocates

Jurisdiction Of The Industrial Tribunal In The Case Of Fixed Term Contracts Successfully Challenged

Malta Employment

MT

Mamo TCV Advocates

Uncommonly High Damages Awarded By The Industrial Tribunal

Malta Employment

GA

GVZH Advocates

Can An Employer Dismiss An Employee For Incapacity To Work Due To Illness?

Malta Employment

MT

Mamo TCV Advocates

Employees Beware Of What You Post On Facebook!

Malta Employment

MT

Mamo TCV Advocates

The Importance (Or Otherwise) Of Disciplinary Proceedings In Dismissal Cases

Malta Employment

MT

Mamo TCV Advocates

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Latest Videos

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Les mauvais résultats d'une campagne d'influence ne justifient pas la résiliation du contrat. (Video)

IA

Influxio Avocats

Video: Employment Law Roundup Part 2 – Important Cases From 2020

WF

William Fry

Recent EAT Ruling Focuses On Managing Long Term Absence In The Workforce (Audio Content)

M

Matheson

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