Dismissing Employees On An Indefinite Contract

The unilateral termination of an indefinite employment relationship by an employer is subject to strict regulations and obligations under Maltese law. Once the probationary period has lapsed, an indefinite contract can only be terminated by the employer in the case were/of:

1. the employee reaches retirement age;
2. redundancy;
3. 'good and sufficient cause'.

Whilst the first two reasons have clear parameters, the latter point is not clearly defined in the law and is open to interpretation. The law does provide guidance as to what shall not constitute 'good and sufficient cause' and which would definitely constitute unfair dismissal – such as for example, in the case of an employee being dismissed solely on the grounds of being pregnant or the employee disclosing information to a designated public regulating body regarding alleged illegal or corrupt activities being committed by one's employer.