The Four-Month Rule To File

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. This is as established in terms of the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta, and hereinafter referred to as the "Act").

In this discussion, a case of unfair dismissal is defined by the Act as constituting four (4) scenarios. It may mean:

• The termination by the employer of an indefinite contract of employment, not made on the grounds of redundancy or else not made for a good and sufficient cause; or
• The dismissal made in contravention of article 64(4) which relates to an act done by the employee in contemplation or furtherance of a trade dispute and in pursuance of a directive issued by a trade union; or