Genovese vs Air Malta — Chief HR Officer Wins €65,000 Unpaid Performance Bonus

Air Malta's former Chief Human Resources Officer sued the airline for an annual performance bonus he claimed was owed since 2018. The court awarded him €65,000.

Civil Court (First Hall) · Judge Dr. Audrey Demicoli LL.D. · 27 March 2026

James Genovese was employed by Air Malta from August 2017 and was appointed Chief Human Resources Officer in April 2020, having acted in that role since June 2019. He claimed that since 2018 he was entitled to an Annual Performance Bonus under his contract of employment which Air Malta had never paid. Air Malta contested the claim, arguing the bonus was discretionary and dependent on the company's performance — which given the airline's well-documented financial difficulties, it claimed was not met. The court examined the contractual terms carefully. It found that the bonus entitlement was contractual, not purely discretionary, and that the conditions for payment had been sufficiently met. The court awarded Genovese €65,000 representing the unpaid performance bonus. Interest was ordered at the legal rate of 8% from the date the judgment becomes final until actual payment. Air Malta was also ordered to pay all legal costs.

Plaintiff won. Air Malta ordered to pay €65,000 in unpaid annual performance bonus plus 8% interest from date of judgment until payment, and all legal costs.

• A bonus described in a contract of employment can be legally enforceable — it is not automatically discretionary just because the employer calls it a bonus
• An employer cannot simply withhold a contractual bonus by citing poor company performance unless the contract specifically allows this
• Interest at the legal rate of 8% runs from the date a judgment becomes final — the longer an employer delays payment the more expensive it becomes
• Employees can sue their employer in the Civil Court for unpaid contractual entitlements as an alternative to the Industrial Tribunal

Civil Code Ch. 16 — contractual obligations; Employment and Industrial Relations Act Ch. 452