Police vs Schembri Directors — Convicted for Failing to Pay €17,051 Wages to Injured Worker

The directors of Schembri Infrastructure Ltd were convicted and ordered to pay €17,051 to a worker who lost fingers in a workplace accident — even though the company had never registered his employment. The Court of Criminal Appeal confirmed the conviction.

Court of Criminal Appeal · Judge Dr. Edwina Grima LL.D. · 1 April 2026

In March 2020, Boiken Cela — an Albanian worker — began employment with Schembri Infrastructure Limited. Just two months later, on 11 May 2020, he suffered a serious workplace accident that resulted in the amputation of fingers on one hand. The company had never registered Cela's employment with Jobsplus. It then refused to pay his wages or any injury leave compensation, apparently taking the position that because he was not officially registered, the normal employment obligations did not apply. The directors — father and son Francesco (Frank) Schembri and Edward Schembri — were charged with failing to pay wages owed. The amounts were not disputed: €14,415 in wages, €618 in public holiday pay, €1,435 in unpaid leave, and further allowances — totalling €17,051.37. Magistrate Donatella Frendo Dimech convicted both directors at first instance on 23 July 2025, describing the company's conduct as 'truly shameful' and a 'blatant attempt to manipulate the truth'. She also ordered an investigation into possible perjury by the directors and company staff. On appeal, Judge Edwina Grima confirmed the conviction on 1 April 2026. The court made clear: failure to register an employee with Jobsplus does not extinguish the obligation to pay wages. Non-registration is the employer's own administrative failure — it cannot be weaponised against the worker.

Conviction confirmed on appeal. Francesco Schembri and Edward Schembri each fined €1,500. Both jointly ordered to pay €17,051.37 to Boiken Cela. Perjury investigation ordered.

• Directors are personally criminally liable for unpaid wages — a company structure does not shield individuals from prosecution
• Failure to register a worker with Jobsplus does NOT eliminate the obligation to pay wages — that administrative failure belongs to the employer, not the worker
• A workplace injury triggers mandatory compensation and continuation of wages regardless of whether the worker was formally registered
• Courts treat non-payment of wages to an injured unregistered worker as a serious criminal matter — not just a civil dispute

Employment and Industrial Relations Act Ch. 452 — obligation to pay wages; Occupational Health and Safety Act Ch. 424 — employer duties; Criminal Code Ch. 9 — criminal liability of directors