Navigating Constructive Dismissal

The termination of employment under Maltese Law has its roots in the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta, hereinafter referred to as the "Act"). The law and jurisprudence provide for various ways of termination, some more conventional than others.

The situation where an employee is placed in the unfortunate circumstance where he would feel obliged to resign, without any other possible alternative, is also a form of termination. This amounts to constructive dismissal potentially resulting from either a clear repudiatory breach of the employee's contract of employment or else in response to the existence of any harmful conduct shown by the employer.