Industrial Tribunal Highlights Legal Deadline in Dismissal Case – Amidst JobsPlus Record Discrepancies


The Industrial Tribunal recently issued a decision on the complex case of Steven Mallia vs. Health Services Group Ltd (Case No. 2875), which revolved around the controversial termination of Mallia’s employment. The case raised substantial questions about the validity of dismissal dates and discrepancies in employment records.

Mallia, formerly employed as a ‘Co-ordinator outside catering’, challenged his dismissal, which he claimed occurred without just cause. The respondent, Health Services Group Ltd, argued that the termination was justified, asserting that Mallia had been working directly with a client and was responsible for the loss of another client.

The tribunal faced challenges with contradictory evidence, with a significant point of contention arising from conflicting evidence regarding the actual date of termination. JobsPlus records showed two different termination dates, casting uncertainty over whether Mallia’s claim was lodged within the statutory four-month period, set out under Article 75(3) of Chapter 452 of the Employment and Industrial Relations Act.

The Tribunal expressed its disappointment with the lack of clarity in JobsPlus’s records, emphasizing that termination forms, which play a crucial role in employment disputes, should undergo some form of verification and not be accepted without question by the corporation.

In its deliberations, the Tribunal made a compelling argument for the establishment of robust verification processes by JobsPlus. This call to action highlighted the necessity for reliable documentation in adjudicating employment disputes and the inherent risks of relying blindly on unverified records.

Ultimately, the tribunal concluded that Mallia’s case was not filed within the statutory timeframes, leading to a dismissal of the case on procedural grounds, without examining the merits of the unfair dismissal claim.

The four-month period for filing claims with the Industrial Tribunal, as prescribed under Article 75(3) of Chapter 452 of the Employment and Industrial Relations Act, is peremptory and cannot be extended under any circumstances. This stringent deadline underscores the importance of employees who feel aggrieved by their dismissal taking immediate action to file their claims. Delaying beyond this critical timeframe not only risks prejudicing their case but outrightly bars them from seeking redress through the Tribunal. Therefore, it is imperative for aggrieved employees to act swiftly and within the legally stipulated period to ensure their claims are heard and adjudicated upon.

How can we help you?

At Empleo, we offer legal advice and support to employees and employers on all legal matters surrounding the above.  For further information, please do not hesitate to contact us on or any of our other contact channels.


The information provided in this article is for general informational purposes only and should not be considered as legal advice.

You might be interested in

Subscribe to our newsletter by providing your email address

Dr. Mariella Baldacchino - Founder

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.

Dr. Bradley Gatt - Of Counsel

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.

Dr. Karl Sammut - Of Counsel

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.