European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Collective Redundancies (Protection of Employment) Regulations as amended by L. N. 428 of 2002, as amended by Legal Notices 427 and 442 of 2004 and 281 of 2017 - Whole regulation; Employment and Industrial Relations Act, 2002 - Articles 36 and 81
Collective dismissals
In the event of non-compliance with the Collective Redundancies (Protection of Employment) Regulations, the legislation specifies fines of not less than €1,165 for every employee declared redundant.
The Department of Industrial and Employment Relations can take action regardless of whether a collective redundancy (10 dismissals in companies with 21-99 employees, 10% of staff in companies with 100-299 employees, 30 dismissals in larger companies) has been notified or not to the Director General Industrial and Employment Relations. The Department of Industrial and Employment Relations is empowered to pass on the case to the police to take criminal action in the case of a breach of any of the provision of the Collective Redundancies (Protection of Employment) Regulations.
Moreover, the affected party (being the employee or ex-employee) can also institute a claim of alleged unfair dismissal before the industrial tribunal which has exclusive jurisdiction in cases of alleged unfair dismissal.
If the employer fails to give the employee the statutory notice period or does not require the employee to work during the notice period, the employer has to pay the employee a sum equal to the full wages that would be payable in respect of the unexpired period of notice.
Individual dismissals
In cases of unfair dismissal, if the complainant has requested reinstatement, and the Industrial Tribunal deems this solution to be reasonable and equitable, the Tribunal shall issue an order for such reinstatement or re-engagement, delineating the terms. Such order will not be made where the post in question was a managerial or executive one, though if the appointment or selection to such managerial/executive post had been made by co-workers, the Tribunal may order that the complainant be reinstated or re-engaged in the post they had previously held.
If no request for re-engagement or reinstatement is specifically made by the complainant, or if the Tribunal decides against such an order, then the Tribunal shall require the employer to pay compensation to the complainant, taking into account the losses and damages suffered by the employee as a result of unjust dismissal, and other circumstances that may affect the worker’s potential for employment, such as age and skills (Article 81).
Under Article 36(11, 14), if an employer terminates a definite contract without good and sufficient cause, before the expiration of the period of employment specified in the contract, the employer is required to pay the employee half of the full wages they would be entitled to for the remainder of the agreed-upon duration.
Labour legislation and related amendments are discussed at formulation stage in the tripartite Employment Relations Board (ERB). Members forming this board come from trade unions, employer associations and the government.
The Court of Appeal in PD vs De La Rue Security Print Limited (23 April 2018), noted that although the Industrial Tribunal is vested with discretion when determining compensation to be awarded, this discretion should be exercised in a manner that is reasoned and reasonable, with reference to case-specific circumstances and context.
Eurofound (2015), Malta: Effects of non-compliance with dismissal regulations, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/effects-of-non-compliance-with-dismissal-regulations/malta
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