Can I challenge my dismissal if I think it was unfair in Malta?
Yes — if the dismissal had no "good and sufficient cause", you can challenge it at the Industrial Tribunal. Under the Employment and Industrial Relations Act (EIRA, Cap. 452), an employer can end an indefinite contract only for good and sufficient cause, redundancy, or because the employee has reached retirement age. You must file the case within 4 months of the dismissal date — a strict deadline. The burden of proof is on the employer: they must show the dismissal was justified. The myth: that an employer can dismiss "for any reason" or that you have "only 3 months". Moreover, Article 36(14) says that reasons such as union membership, pregnancy, marriage or whistleblowing never count as good cause. The Tribunal can order compensation or reinstatement.
📋 The rules
- An employer can end an indefinite contract only for good and sufficient cause, redundancy, or on reaching retirement age.
- The case must be filed at the Industrial Tribunal within 4 months of the dismissal date — a strict deadline.
- The burden of proof that the dismissal was justified is on the employer, not the employee.
- Article 36(14) lists reasons that never count: union, pregnancy or maternity, marriage, force majeure, whistleblowing or legal action.
- The Tribunal can order reinstatement, re-engagement or compensation, measured on the real damages and circumstances.
🔓 Exceptions
- During the probation period, employment can be ended without giving a reason, with the required notice if service exceeds one month.
- Genuine redundancy is a valid reason for dismissal, provided it truly relates to the post and follows the "last in, first out" rule.
- Fixed-term contracts that simply expire at their end are not a "dismissal" in the ordinary sense.
⚠️ Penalties & fines
For the employer, a dismissal found to be unfair is no small matter: the Industrial Tribunal can order the worker's reinstatement or compensation, measured on the real damages, the worker's age and skills, and the effect on their potential to find other work. There is no fixed figure: the amount is at the Tribunal's discretion on the facts of the case. In 2025, the EIRA was strengthened — the time limit to start proceedings for employment offences rose from one to two years, and fines for breaches increased sharply. Beyond the money, there is the legal cost, the time, and the reputational harm to the business. For the employee, the main risk is missing the 4-month deadline: if you let the time pass, the right to challenge is lost, however strong your claim.
📎 Official sources
- Legislation Malta · Employment and Industrial Relations Act (Cap. 452) →
- DIER · termination of employment and related rights →
- DIER · frequently asked questions on termination of employment →
❓ Frequently asked
How long do I have to challenge a dismissal?
You must file the case at the Industrial Tribunal within 4 months of the dismissal date, and this is a strict deadline. The common belief that you have "only 3 months" is wrong, but if you let the four months pass, your right to challenge is lost.
Can my employer dismiss me for any reason?
No, an indefinite contract can be ended only for good and sufficient cause, redundancy, or on reaching retirement age. Reasons such as pregnancy, union membership or marriage never count as a valid reason under Article 36(14).
Who has the burden of proof?
The burden of showing the dismissal was justified is on the employer, not on you. This means they must bring the evidence of the good and sufficient cause, and it is not for you to prove the dismissal was unfair.
What can the Tribunal order if I win?
The Industrial Tribunal can order reinstatement, re-engagement or financial compensation. There is no fixed figure: the amount is measured on the real damages, your age and skills, and the effect on your potential to find other work.
Does the probation period work the same way?
No, during the probation period employment can be ended without giving a reason, though the required notice must be given if service exceeds one month. Once probation is over, the employer needs good and sufficient cause to dismiss you.
🔎 Common searches
What people search to land here:
- “unfair dismissal malta”
- “challenge dismissal malta”
- “industrial tribunal malta”
- “time limit unfair dismissal malta”
- “good and sufficient cause dismissal”
- “dismissal rights malta”