The Industrial Tribunal is a Maltese tribunal that has exclusive jurisdiction to decide on certain employment related issues. The exclusive jurisdiction of the Industrial Tribunal extends to:
The above claims are to be referred by the employee to the Industrial Tribunal by not later than four months from the alleged breach.
The jurisdiction of the Industrial Tribunal does not, however, extend to proceedings in respect of an offence against the Employment and Industrial Relations Act and regulations prescribed thereunder.
Trade disputes may also be referred to the Industrial Tribunal for settlement by it in the manner set out in the Employment and Industrial Relations Act.
Where on a complaint for unfair dismissal the Industrial Tribunal finds that the grounds of the complaint are well-founded, and the Industrial Tribunal considers that it would be practicable and equitable for the complainant to be reinstated or re-engaged by the employer (if specifically requested by the complainant), the Industrial Tribunal would make an order to that effect, stating the terms on which it considers that it would be reasonable for the complainant to be so reinstated or re-engaged.
If, however, the complainant is employed in such managerial or executive post as requires a special trust in the holder of such post, the Industrial Tribunal will not order the reinstatement or reengagement of the complainant. Where, on the other hand, the complainant was appointed or selected to any such post by his fellow workers, the Industrial Tribunal may order his reinstatement or re-engagement in the post held by him before such appointment or selection.
Where the Industrial Tribunal finds that the grounds for a complaint of unfair dismissal are well-founded, if there is no specific request for reinstatement or re-engagement by the employee or the Industrial Tribunal decides not to make an order for reinstatement or re-engagement as aforesaid, the Industrial Tribunal will make an award of compensation to be paid by the employer to the complainant in respect of the dismissal. In determining the amount of such compensation, the Industrial Tribunal will take into consideration the real damages and losses incurred by the employee who was unjustly dismissed, as well as other circumstances, including the worker’s age and skills as may affect the employment potential of the said worker.
In cases involving discrimination, breaches of the principle of work of equal value, victimisation and harassment of employees, if the Industrial Tribunal is satisfied that the complaint is justified, it may take such measures as it may deem fit, including the cancellation of an employment contract or of any clause in such a contract or in a collective agreement which is discriminatory and shall order the payment of compensation for loss and damage sustained by the aggrieved party as a consequence of the breach.
In all other cases not mentioned above, the Industrial Tribunal may make such order as it deems necessary in order to remedy the breach, or it may make an award of compensation to be paid by the employer to the complainant, or it may award such compensation and make such orders as it may deem necessary in order to remedy the breach.
In cases of unfair dismissal and in cases involving claims for sums which may become due upon the termination of a fixed employment contract prior to its termination, there is a right of appeal on a point of law.
Such appeal must be made by an application to the Court of Appeal, which must be filed by not later than twelve days from the date of the decision of the Industrial Tribunal.
At Empleo, we provide legal advice and representation to employers on all matters outlined above, including advice and assistance in the course of a dispute with an employee.
Some of our services in this area include the following:
You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.