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industrialtribunal

Can Seamen Claim Unfair Dismissal Before The Industrial Tribunal? Employment and Industrial Relations

Can Seamen Claim Unfair Dismissal Before The Industrial Tribunal?

Introduction In a recent preliminary decision number 3174 decided on 22 April 2026, the Industrial Tribunal was faced with an unfair dismissal claim. This decision provided the Tribunal with an opportunity to consolidate the distinction between the employment law framework under the Employment and Industrial Relations Act (‘EIRA’), Chapter 452 of the Laws of Malta, and the specialised regime governing maritime workers under the Merchant Shipping Act, Chapter 234 of the Laws of Malta. Facts of the Case The claimant, employed under a ‘Seafarer Employment Agreement’, instituted proceedings before the Industrial Tribunal alleging that he had been unfairly dismissed by…
Klara Cachia and Justyne Falzon
5th June 2026
The Law
Termination Based on Health Incapacity: Guidance for Lawful Termination Employment and Industrial RelationsLitigation & Dispute Resolution

Termination Based on Health Incapacity: Guidance for Lawful Termination

In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal. The Tribunal highlighted that the Company made considerable efforts to support the former employee throughout his period of difficulty. These included granting medical leave, approving his request to travel to his home country for recuperation, and arranging meetings…
Kristen Camilleri and Christine Calleja
3rd December 2024
Mamo TCV - Legal Article
Industrial Tribunal Delivers an Award on a Dismissal of a Worker During his Notice Period Employment and Industrial Relations

Industrial Tribunal Delivers an Award on a Dismissal of a Worker During his Notice Period

In the Industrial Tribunal case with number 4196/HW, the applicant claimed that he had been unfairly dismissed from his position with the respondent employer in the aftermath of his resignation, whilst he was working his notice period, and that he was owed a sum of money from commissions and unutilised leave. Firstly, the applicant argued that he had resigned from the workplace and was then dismissed by the employer during his notice period, and therefore the Industrial Tribunal should thus vary the reason for termination from a dismissal to a resignation. Following the plea raised by the defendant company, that…
Jake Buttigieg
6th March 2024