The Industrial Tribunal has clarified the timeframes within which claims filed by employers must be instituted in a decision it delivered on the 24 June, 2022.
Whilst most of the proceedings in employment disputes are instituted by the employees, this was a case where the employer brought an action against the employee. The most common reason for employers to initiate proceedings is when employees terminate fixed-term contracts early.
Article 75 (3) of the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) provides that proceedings are to be filed by not later than four (4) months from the effective date of the alleged breach.
The employee argued that since the employer filed the claim after the lapse of the four (4) month period indicated above, then the claim must be dismissed. The employer disputed this, claiming that a literal interpretation of Article 75(3) shows that this time limit only applies to grievances brought by employees.
The Industrial Tribunal rejected the employer’s arguments and held that the four (4) months deadline applies to both employers and employees.
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The Industrial Tribunal clarified the timeframes within which claims must be filed
The Industrial Tribunal has clarified the timeframes within which claims filed by employers must be instituted in a decision it delivered on the 24 June, 2022. Whilst most of the proceedings in employment disputes are instituted by the empl...
