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Unfair Dismissal Claim
How to challenge wrongful termination of employment
✓ Reviewed: April 2026
If you believe you have been unfairly dismissed, you have strong legal protections under Maltese law. You… Step-by-step Malta legal guide on Laws of Malta.
- 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.
- 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.
- Check your notice and severance entitlements
Under EIRA (Cap. 452), statutory notice for indefinite-contract employees is a banded scale based on length of service, not a flat "1 week per year". The bands are: under 1 month — 1 day; 1 to 6 months — 1 week; 6 months to 2 years — 2 weeks; 2 to 4 years — 4 weeks; 4 to 7 years — 8 weeks; over 7 years — 8 weeks plus 1 additional week per year of service, capped at 12 weeks. Your contract may provide longer notice but not shorter. Severance/redundancy entitlements depend on the type of dismissal (redundancy vs misconduct) — check your contract and the EIRA chapter for the exact rules. Get the official statutory text at legislation.mt.
- 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 1575 (employees) / 1576 (employers) or visit dier.gov.mt. Conciliation resolves many cases quickly without a tribunal. This step is not mandatory but is strongly recommended.
- 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.
- 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.
- 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.
Frequently Asked Questions
How long do I have to file an unfair dismissal claim in Malta?
You have 4 months from the date of your dismissal to file a claim at the Industrial Tribunal. This deadline is strict — missing it means you permanently lose your right to claim.
Is it free to file an unfair dismissal claim at the Industrial Tribunal?
Yes. The Industrial Tribunal is free to use and you can represent yourself without engaging a lawyer.
What compensation can I receive for unfair dismissal in Malta?
The tribunal can order reinstatement, compensation typically ranging from 13 weeks to 2 years' wages, or both. Decisions are legally binding on the employer.