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Unfair Dismissal Claim

How to challenge wrongful termination of employment

If you believe you have been unfairly dismissed, you have strong legal protections under Maltese law. You must act quickly — you have only 4 months to file

1. Do not sign anything without reading it carefully

   When dismissed, your employer may ask you to sign documents — a resignation letter, a settlement agreement, or a receipt. Do not sign anything under pressure. You have a right to take time to read and seek advice. Signing a resignation waives your unfair dismissal rights.

2. Collect all your documents immediately

   Gather your contract, payslips, dismissal letter, any written warnings, performance reviews and relevant emails or messages. Back these up digitally. Once you leave, you may lose access to company systems.

3. Check your notice and severance entitlements

   Under EIRA, you are entitled to notice pay based on length of service (1 week per year up to a maximum) and severance pay if employed for more than 1 year. Check your contract for any enhanced terms. Your employer must pay these regardless of the reason for dismissal.

4. Contact DIER for free conciliation (strongly recommended)

   The Department of Industrial and Employment Relations (DIER) offers free conciliation before you file a formal claim. Call 2599 8000 or visit dier.gov.mt. Conciliation resolves many cases quickly without a tribunal. This step is not mandatory but is strongly recommended.

5. File your claim at the Industrial Tribunal (within 4 months)

   You MUST file your unfair dismissal claim at the Industrial Tribunal within 4 months of the date of dismissal. This deadline is strict — missing it means you lose your right to claim. The tribunal is free to use. File at the Industrial Tribunal, 121 Melita Street, Valletta. You can represent yourself.

6. Attend the hearing and present your case

   The tribunal will schedule a hearing where both sides present their case. You can bring witnesses and documentary evidence. The tribunal can order reinstatement, compensation (typically 13 weeks–2 years wages) or both. Decisions are legally binding.

7. Consider legal representation for complex cases

   If your case involves discrimination, large sums, or a complex employer argument, consider engaging an advocate or legal procurator. Legal aid may be available if you qualify financially.