Reinstatement & re-engagement as remedies for unfair dismissal

Abstract

The concept of an unfair dismissal has long been recognized under Maltese law. Furthermore, Reinstatement & re-engagement have existed as remedies for an unfair dismissal within Maltese law for decades. However, orders for reinstatement or reengagement of a claimant remain rare. This research project will examine unfair dismissal in the Maltese context, considering not just the legislative standpoint but also examining the case law of the industrial tribunal in order to observe how the law is put into practice. The research project will focus on the remedies of reinstatement and re-engagement in particular, examining case law of the Industrial Tribunal from 2011 up until today to try to better understand the circumstances in which the Tribunal would be ready to order the reinstatement or re-engagement of the employee and why it is that the Tribunal has exercised this remedy so sparingly.