Best Wrongful Termination Lawyers in Swieqi

About Wrongful Termination Law in Swieqi, Malta

Wrongful termination in Swieqi is governed by national Maltese employment law, primarily the Employment and Industrial Relations Act, Chapter 452. The term commonly used in Malta is unfair dismissal. A termination may be unfair if it is carried out without good and sufficient cause, if it breaches statutory notice rules or fixed-term contract protections, or if it is based on prohibited reasons such as discrimination, pregnancy, union activity, whistleblowing, or the exercise of legal rights. Claims for unfair dismissal are heard by the Industrial Tribunal. Time limits are short, so swift action is important.

While employment relationships in Malta may be on an indefinite or fixed-term basis, the legal framework sets clear rules on probation, dismissal procedures, redundancy, and remedies. Residents and workers in Swieqi rely on the same national protections as elsewhere in Malta, with advice and enforcement typically accessed through the Department of Industrial and Employment Relations and the Industrial Tribunal based in Valletta.

Why You May Need a Lawyer

Many people seek legal help after a sudden dismissal, a redundancy announcement, or a breakdown in the employment relationship. A lawyer can assess whether the employer had good and sufficient cause, whether procedures and notice were respected, and whether any prohibited motive was involved. This is especially important if your dismissal followed a complaint about harassment or safety, a request for family leave, a disclosure under whistleblower rules, or union involvement.

Legal advice is also helpful if you were on a fixed-term contract and it was ended early, if you believe you were forced to resign because of your employer’s conduct, or if your role was made redundant but selection appears unfair. A lawyer can help you preserve evidence, calculate potential compensation, meet filing deadlines, and negotiate a settlement or reinstatement where appropriate.

Local Laws Overview

Unfair dismissal standard. After probation, an employer needs good and sufficient cause to dismiss. If you contest the dismissal, the employer must justify it before the Industrial Tribunal. Serious misconduct can justify summary dismissal without notice. Lesser issues usually require warnings or proportionate measures.

Probation. Probation is typically up to six months. For technical, executive, administrative, or managerial roles with higher wages, probation may be up to twelve months if agreed in writing. During probation, either party may terminate with one week notice if employment exceeded one month. Even during probation, dismissal for discriminatory or prohibited reasons is unlawful.

Notice periods. For indefinite contracts after probation, statutory notice depends on service length. It typically ranges from one week for more than one month of service up to twelve weeks for ten years or more. Contracts may provide for longer notice but cannot reduce statutory minimums.

Fixed-term contracts. If an employer ends a fixed-term contract early without good and sufficient cause, the employee is generally entitled to the remaining wages for the unexpired term. If the employee unjustifiably ends it early, the employee may owe the employer an amount typically equal to half of the remaining wages.

Redundancy. Redundancy is a valid reason for termination if genuine and properly conducted. Maltese law applies a last-in-first-out principle within the relevant category of employment, subject to exceptions for skill needs and any alternative selection method agreed with employee representatives. If the role is re-created within a set period, commonly one year, the redundant employee should be given first preference for re-engagement. Collective redundancy rules require information, consultation, and notification to authorities when thresholds are met.

Prohibited reasons. It is unlawful to dismiss because of pregnancy, maternity leave, family leave, trade union membership or activity, whistleblowing in line with the Protected Disclosures framework, or discrimination on protected grounds such as sex, pregnancy, marital status, age, disability, sexual orientation, gender identity, religion or belief, race, or ethnic origin. Special protections apply to pregnant workers and those on maternity leave, and written reasons are required if dismissal occurs in these contexts.

Constructive dismissal. If an employee resigns because the employer seriously breached obligations or made continued work unreasonable, the resignation may be treated as a dismissal by the employer. Examples include sustained harassment not addressed by the employer, significant unilateral pay cuts, or unsafe working conditions.

Claims and remedies. Unfair dismissal claims must usually be filed with the Industrial Tribunal within four months from the effective date of termination. Remedies can include reinstatement or re-engagement and or compensation. Compensation is commonly assessed by reference to lost wages and circumstances, with a statutory upper limit that is typically up to two years’ pay. The Tribunal can also consider whether the employee tried to mitigate loss by seeking other work.

Frequently Asked Questions

What counts as wrongful or unfair termination in Malta?

Unfair termination includes dismissals without good and sufficient cause after probation, dismissals for prohibited reasons such as discrimination, pregnancy, union activity, or whistleblowing, and dismissals that breach legal procedures such as notice requirements. For fixed-term contracts, ending the contract early without valid cause is also wrongful.

How long do I have to file a claim with the Industrial Tribunal?

You generally have four months from the effective date of termination to file an unfair dismissal complaint. Missing this deadline can prevent your claim from being heard, so get advice promptly.

Can I be dismissed during probation?

Yes, during probation either party can terminate on shorter notice, typically one week if employment exceeded one month. However, even during probation, termination cannot be for prohibited reasons such as discrimination, pregnancy, or whistleblowing.

What notice am I entitled to if I am dismissed?

After probation on an indefinite contract, notice depends on your length of service. It ranges from one week for more than one month of service, increasing stepwise, up to twelve weeks for ten years or more. Your contract can grant longer notice but not less than the statutory minimum. Gross misconduct can justify dismissal without notice.

Do I get severance pay in Malta?

There is no general statutory severance pay for redundancy or ordinary dismissal. You are entitled to notice or pay in lieu, payment for accrued rights such as outstanding wages and unused leave, and any contractual severance if agreed. For fixed-term contracts ended early without valid cause, the employer generally owes the remaining wages for the unexpired term.

What if my dismissal was due to redundancy?

Redundancy must be genuine and fairly administered. Selection should follow lawful criteria, with a last-in-first-out approach within comparable roles unless another fair method is agreed. If the same or a similar role becomes available within a set period, usually one year, you should be offered re-engagement before external hiring. Collective redundancy rules trigger consultation and notifications when larger numbers are affected.

What is constructive dismissal and how do I prove it?

Constructive dismissal occurs when you resign because your employer seriously breached the contract or made continued employment unreasonable, such as by allowing harassment, imposing major unilateral changes, or maintaining unsafe conditions. Evidence includes written complaints, witness statements, medical notes, and any employer responses. Seek advice before resigning if possible.

What remedies can the Industrial Tribunal award?

The Tribunal can order reinstatement or re-engagement and or compensation. Compensation is assessed case by case based on factors like length of service, pay, and efforts to find new work, and is subject to a statutory maximum that is typically up to two years’ pay. Settlements are common and can be negotiated at any stage.

I was on a fixed-term contract that ended early. What are my rights?

If the employer ended a fixed-term contract early without good and sufficient cause, you are generally entitled to the remaining wages for the unexpired term. If an employee ends it early without justification, the employee may owe the employer an amount typically equal to half the remaining wages. Written terms are important in assessing these outcomes.

Can foreign or non-EU workers in Swieqi bring wrongful termination claims?

Yes. Employment protections against unfair dismissal apply to all employees working in Malta regardless of nationality or residence status, subject to any specific immigration conditions. Work permit status does not remove your right to challenge unlawful termination.

Additional Resources

Department of Industrial and Employment Relations. This government department provides guidance on employment rights and obligations, receives certain notifications, and can help with information about filing procedures.

Industrial Tribunal. The specialist tribunal that hears unfair dismissal and related claims under Maltese employment law.

National Commission for the Promotion of Equality. The body that addresses discrimination, including in employment, and can assist where dismissal involves discriminatory motives.

Commission for the Rights of Persons with Disability. Support and guidance where disability discrimination may be involved in termination.

Legal Aid Malta Agency. Assistance for eligible individuals who cannot afford legal representation.

Malta Chamber of Advocates. Professional body that can assist you in identifying lawyers experienced in employment law.

Trade unions such as General Workers Union and UHM Voice of the Workers. Unions can offer representation, advice, and collective support in dismissal cases.

Jobsplus. Useful for employment records and to demonstrate efforts to mitigate losses after dismissal.

Next Steps

Write down a clear timeline of events, gather your employment contract, handbooks, emails, performance reviews, payslips, and any warnings or meeting notes. If you were dismissed, ask for written reasons, especially if you suspect a prohibited reason or if you had more than one year of service.

Note the four month deadline to file an unfair dismissal claim with the Industrial Tribunal. Do not delay in seeking advice from a lawyer or a union representative. Early advice can help you decide whether to pursue reinstatement, a negotiated exit, or a formal claim.

If redundancy is claimed, request details of the selection process and consider whether last-in-first-out or agreed criteria were followed. If you were on a fixed-term contract, calculate the remaining term and pay to assess potential compensation.

Keep applying for roles to mitigate your losses and retain proof of your job search. This can affect compensation. Be cautious about signing any settlement or release without legal advice, as it may waive your rights.

This guide provides general information only. For tailored advice about a situation in Swieqi or elsewhere in Malta, consult a lawyer experienced in Maltese employment law.