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  • Article

    Can Seamen Claim Unfair Dismissal Before The Industrial Tribunal?

    In a recent preliminary decision number 3174 decided on 22 April 2026, the Industrial Tribunal was faced with an unfair dismissal claim. This decision provided the Tribunal with an opportunity to consolidate...
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

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

    The current statutory conditions and requirements for parental leave are established under the Parental Leave Entitlement Regulations, Subsidiary Legislation 452.78 ("S.L. 452.78" or the "Regulations").
    MaltaEmployment and HR
    Fenech Farrugia Fiott Legal (FFL)
    Fenech Farrugia Fiott Legal (FFL)
Article

Constructive Dismissal Explained

On the 21 April 2022, the Industrial Tribunal decided that, based on the elements of the case at hand, the employee CS (the "plaintiff") was not forced to resign from his employment with the company RS&S Ltd (the "Company").
MaltaEmployment and HR
Ganado Advocates
Ganado Advocates
  • Article

    Recent Employment Law Amendments

    Over the last couple of years, Employment Law has been considered to be a sensitive subject in most countries across the globe.
    MaltaEmployment and HR
    CSB Group
    CSB Group
  • Article

    Revisiting Disciplinary Proceedings In Employment Law: Are They Still A Requirement For Valid Dismissal?

    When can an employer in Malta dismiss an employee without conducting a disciplinary hearing? A recent Industrial Tribunal decision challenges the established norm that procedure always prevails over merits, examining the circumstances under which repeated insubordination and workplace safety violations may justify summary dismissal without formal disciplinary proceedings.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    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.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

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

    In a decision handed down by the Industrial Tribunal (the ‘Tribunal') on 5th October 2022 in the names James D'Anastas vs Wembley Stores Company Limited...
    MaltaEmployment and HR
    Finance Malta
    Finance Malta
  • Article

    Disapplying National Law: Case Summary

    When national legislation undermines the fundamental right to an effective remedy prescribed by European Union standards, the national court must disapply the relative legislation, in so far as necessary.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    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.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

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

    The Industrial Tribunal recently heard the following four cases simultaneously, (Dr. Jeremy Debono representing the absent Gordon Clark vs Dragonara Gaming Limited, ...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    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...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

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

    Redundancy in the Maltese context is generally regularised by the Employment and Industrial Relations Act (EIRA).
    MaltaEmployment and HR
    GTG Legal
    GTG Legal
  • Article

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

    In a decision handed down by the Industrial Tribunal (the ‘Tribunal') on 5th October 2022 in the names James D'Anastas vs Wembley Stores Company Limited...
    MaltaEmployment and HR
    Ganado Advocates
    Ganado Advocates
  • Article

    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 ...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

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

    On the 15 September 2021, in the case ‘Albert Gyorgy vs. Crystal River Cruises Manning Ltd', the Court of Appeal in its inferior jurisdiction, presided over by Mr Justice Lawrence Mintoff,...
    MaltaEmployment and HR
    Ganado Advocates
    Ganado Advocates
  • Article

    When Employers Cross The Line: Unpacking Dishonest Dismissals

    Dishonest dismissal in Maltese law involves terminating an employee without valid, substantial reasons or proper procedures. Employers must ensure dismissals are fair, transparent, and proportional to misconduct. The Industrial Tribunal handles unfair dismissal cases, requiring evidence and just cause for termination.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    The Probationary Period, Legislative Amendments And The Principle Of Contractual Freedom

    In a judgment delivered on 17 June 2026, the Court of Appeal (Inferior Jurisdiction), presided over by Mr Justice Lawrence Mintoff, overturned the decision of the Industrial Tribunal dated 24 April 2025 in the case of John Oliver George Taylor vs In My Mind Limited.
    MaltaEmployment and HR
    Ganado Advocates
    Ganado Advocates
  • Article

    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)...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

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

    The Protection of Maternity (Employment) Regulations [S.L. 452.91] (hereinafter "the Regulations") have the aim of laying down the minimum requirements to safeguard the employment rights of pregnant employees...
    MaltaEmployment and HR
    GTG Legal
    GTG Legal
  • Article

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

    The Employee (Information and Consultation) Regulations (S.L 452.96) (the ‘Regulations') makes provision for the right to information and consultation of employees...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Showing 41–60 of 63 results

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