Dismissed from work: how to defend yourself
In Malta an employer generally cannot dismiss an indefinite (permanent) employee at will. Dismissal must be based on a good and sufficient cause or on genuine redundancy. If you believe your dismissal was unfair, you can bring a claim before the Industrial Tribunal under the Employment and Industrial Relations Act.
Key facts
Deadline
A complaint of unfair dismissal must be referred to the Industrial Tribunal within four months of the effective date of the dismissal. Confirm the current deadline before acting, as it is short.
What to do
- Ask the employer for the reason for dismissal in writing and keep your contract, payslips and any warning letters.
- Check whether you are still on probation, on a fixed-term contract, or an indefinite employee, as this affects your protection.
- Assess whether the dismissal was for a good and sufficient cause or a genuine redundancy, or whether it may be discriminatory or victimising.
- Refer the case to the Industrial Tribunal within the time limit; you do not necessarily need a lawyer to file.
- Collect witnesses and documents showing your performance and the circumstances of the dismissal.
- Consider first raising the matter with the Department of Industrial and Employment Relations (DIER) or through your union.
What to watch out for
- Missing the four-month limit can bar your unfair dismissal claim entirely.
- During probation either side may generally terminate more easily, so check your probation period.
- Resigning voluntarily may lose you remedies you would have if you were dismissed; get advice before resigning under pressure.
- Accepting a final payment described as full and final settlement may weaken later claims.
Legal basis
Frequently asked questions
What is unfair dismissal?
Broadly, a dismissal that is not based on a good and sufficient cause or a genuine redundancy, as regulated by the Employment and Industrial Relations Act (Cap. 452). The Industrial Tribunal decides whether the dismissal was justified.
Which body hears the claim?
The Industrial Tribunal established under the Employment and Industrial Relations Act (Cap. 452).
Can I be dismissed during probation?
During the probation period termination is generally easier for both sides, but the reason must still not be discriminatory or otherwise unlawful under Cap. 452.