Collective redundancies under Maltese law

Abstract

The aim of this thesis is that of analysing in detail the concept of collective redundancies as introduced by the Collective Redundancies Directive; a concept which has always existed in the workplace, but which has only lately become legally relevant in Malta. Alongside this analysis, Maltese law which had the purpose of transposing this law into the Maltese statute book is examined and its suitability is investigated. In the first chapter the interplay between the right to work and the right to private economic enterprise is examined, together with the most common reasons why dismissals by way of redundancy take place. The emphasis then shifts on the primary source of Maltese law on collective redundancies; the Collective Redundancies Directive, the introduction and development of which are illustrated. The second chapter briefly explores the essence of lawful termination of employment, moving on to the concept of redundancy in its own right. The notion of collective redundancies, its main features and implications are then scrutinized and examined in terms of relevant decisions of the European Court of Justice. The third chapter analyses the protection that is made available to those employees facing a situation of collective redundancy, with a particular emphasis on the obligations of the employer. Due to the complete absence of local judicial pronouncements on the subject, foreign case law has been resorted to for guidance as to the implications and reach of the law. Other related aspects that may alleviate the burden of both employers and employees, and which may lighten the blow of involuntary dismissal - or even avoid it - are also discussed. Finally, in the conclusion, the way in which local legislation on the matter has been received is examined, and certain matters that could be considered as being shortcomings in the law are identified and investigated, and tentative proposals for improvement are made.