In Malta, employment law governs the relationship between employers and employees, ensuring fair treatment and legal recourse for both parties in specific cases. When disputes arise, employees may have grounds to sue their employers under certain circumstances outlined in Maltese law. The jurisdiction for such cases varies depending on the nature of the dispute and the remedies being sought. This article highlights the instances where an employee can sue and the corresponding jurisdiction in Malta.
Employees in Malta may sue their employers under several grounds. The following are some instances in which a case may be filed against the employer under Maltese Law.
The law allows for both definite and indefinite employment contracts to be terminated by either party without notice if there is deemed to be 'good and sufficient cause'. While the term is not explicitly defined, the legislation specifies examples of reasons that do not constitute 'good and sufficient cause', such as union membership, pregnancy or maternity leave, whistleblowing, or initiating legal proceedings against the employer for employment rights violations. Unless there is a valid 'good and sufficient cause' or the circumstances involve redundancy or retirement at pensionable age, terminating an employment contract would be considered an unfair dismissal under the law.
Similarly, one may also refer to constructive dismissal, whereby it may seem that the employee has resigned voluntarily, but in reality, it is the result of the employer unreasonably backing the employee into a corner to the point where the employee has no other choice but to leave. An employee may succeed in a constructive dismissal case by proving that the following 3 elements exist:
a) The employer’s actions fundamentally breached one of the employee’s contract’s express or implied terms; and
b) The employee resigned directly due to the serious breach of terms; and
c) The employee resigned immediately following the employer’s alleged breach in contract terms, as opposed to waiting too long prior to resigning.
Maltese law prohibits discrimination on various grounds, including age, gender, race, religion, disability, and sexual orientation. The protection against discrimination is established in the Employment and Industrial Relations Act (‘the EIRA’). This protection is also enshrined in the Constitution of Malta and, on a European scale, within the European Convention on Human Rights, enforceable through Chapter 319 of the Laws of Malta (‘the European Convention Act’). If an employee believes they have been discriminated against in hiring, promotion, training opportunities, or any other employment aspect, they can take legal action.
An employment contract legally binds both the employee and employer. Workplace policies are equally important in fostering a productive and harmonious work environment. Breaches of employment conditions and policies can occur on both sides. If an employer claims an employee has violated a contractual term, this could lead to the employee's dismissal. Conversely, if an employer breaches the terms of the employment contract, such as by failing to pay agreed wages, denying benefits, or changing work conditions without agreement, the employee can seek a remedy. This can be done formally or informally, through mediation, arbitration, or legal action via the civil courts.
If an employer fails to pay wages or salary owed to an employee, the employee can take legal action to recover the unpaid amount. Wages should be paid at regular intervals not exceeding four weeks in arrears, unless a different period is agreed in a collective agreement. Action can also be take if the employer fails to make the necessary social security payments on behalf of the employee.
Employees have the right to a safe working environment. If an employer fails to provide adequate safety measures or ignores health and safety regulations, resulting in harm or injury to the employee, legal action can be pursued. The law mandates that employers have a primary responsibility to ensure the health and safety of all individuals affected by their work activities. The underlying principle is that all workers, regardless of employment status—whether full-time, part-time, or temporary—have the fundamental right to work in a safe and healthy environment.
The Law further states that any work-related accident resulting in death, major injury, or an employee being unable to work for more than three consecutive working days must be reported to the Director of the Department for Industrial and Employment Relations (‘DIER’). These incidents are classified as notifiable accidents according to the regulations.
Workplace harassment, including sexual harassment and bullying, is prohibited under Maltese law. Employees experiencing such behaviour can sue their employer for failing to address the issue or for creating a hostile work environment. The EIRA distinguishes between general harassment and sexual harassment as separate categories. Harassment is deemed to have occurred when an employee or employer is subjected to any unwelcome act, request, or conduct. A complaint may be lodged with the Industrial Tribunal within four months of the incident.
By law, pregnant employees are entitled to maternity leave. If a pregnant, breastfeeding, or recently postpartum employee faces health and safety risks at work that could harm her or her child, she is entitled to special maternity leave for as long as the risk persists. Additionally, employees are entitled to take time off with full pay and benefits to attend antenatal appointments if they occur during work hours. This entitlement is regulated by Subsidiary Legislation 452.91, the Protection of Maternity (Employment) Regulations. If an employer discriminates against an employee for exercising these rights or fails to grant them, legal action can be taken.
Interestingly, individuals who are either adopting or opting for IVF assisted reproduction, may be eligible for leave. In the case of adoption, employees will be entitled to 18 weeks of adoption leave. Although the adoption leave is typically paid, the exact terms will depend on the employment contract and any collective agreements applicable.
In the case of IVF leave, Maltese law allows employees to attend the necessary medical appointments and treatments. In such a case the employee is entitled to a specified number of hours of paid leave per year to attend medical appointments in relation to IVF and other assisted reproductive procedures. Whilst leave is usually paid, the number of hours is typically determined by the employer, and it is often based on collective agreements or company policies.
In Malta, the jurisdiction and forums where employees can bring their claims depend on the nature of the dispute and the relief sought:
The Industrial Tribunal in Malta primarily handles cases related to unfair dismissal, discrimination, breach of contract, breach of the principle of equal pay for work of equal value, victimization, harassment, and other employment-related disputes. It has jurisdiction to hear claims for compensation, reinstatement, or any other relief sought by an employee.
Some employment disputes, particularly those involving breach of contract, non-payment of wages, or damages exceeding the jurisdiction of the Industrial Tribunal, may be brought before the First Hall of the Civil Court (‘the Civil Court’). The Civil Court has broader jurisdiction and can handle complex cases where significant damages are claimed.
In conclusion, employees in Malta have recourse to legal action against their employers under various circumstances, including unfair dismissal, discrimination, breach of contract, and health and safety violations, among others. It is important for employees to understand their rights to ensure their safety and well-being, and to know how to seek redress in the event of a breach. The jurisdiction for such claims depends on the nature of the dispute and the remedies sought, whether with the Industrial Tribunal or the Civil Court. Understanding these avenues for legal action empowers employees to protect their rights and seek appropriate remedies under Maltese employment law.
Author: Dr Catriona Cuschieri
For any additional information or assistance please contact Dr Robert Tufigno.