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ARTICLE · 25 JUNE 2025

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

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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.

MaltaEmployment and HR
Ann Bugeja
Ann Bugeja
Clyde Bonnici
Clyde Bonnici
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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. The case not only re-visited the procedural rules for dismissing an employee, but also established an important precedent insofar as what remedies are available for unfair dismissal.

In Rueben Fenech vs L-Awtorità għas-Servizzi Finanzjarji ta' Malta, the COO of the MFSA alleged that his dismissal, which was based on poor performance at the workplace, was unjust and unlawful.

Key principles governing unfair dismissal in Malta At first instance, the Industrial Tribunal pronounced several legal principles commonly applied under Maltese employment law when taking disciplinary proceedings against an employee:

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