Individual Employment Disputes

The Industrial Tribunal has exclusive jurisdiction over specific employment-related claims, most notably involving allegations of unfair dismissal, discriminatory treatment, breach of the equal pay principle, victimisation, and harassment. Claims arising from the premature termination of fixed‑term contracts also fall within the exclusive jurisdiction of the Industrial Tribunal. In addition, other types of claims are reserved to the Industrial Tribunal as may be provided for under relevant legislation. This means that only the Industrial Tribunal can hear and decide such matters, reflecting its role as a specialised forum for resolving employment-related claims. Decisions of the Industrial Tribunal can be appealed before the Court of Appeal (Inferior Jurisdiction); however, such appeals are restricted to points of law, meaning the court will not revisit the facts of the case. Parties should be mindful that claims and appeals are subject to strict statutory time-limits, requiring prompt action to preserve their rights.

The civil court retains jurisdiction over matters falling outside the remit of the Industrial Tribunal, namely purely contractual claims (such as claims relating to post-termination restrictions, pre-liquidated damages, and fiduciary duties).

How we help: We advise and represent clients across a broad range of disputes before the Maltese courts and tribunals. By working closely with each client to assess their position, we strive to achieve the best possible outcome for the client, whether by negotiation or litigation.