In the determination of the valid termination of an employee from their employment based on a good and sufficient cause, such termination must be justified by the employer.
Malta Employment and HR
In the determination of the valid termination of an employee from their employment based on a good and sufficient cause,1 such termination must be justified by the employer. This stems from various case-law on the matter.
In practice, the justification of termination based on a good and sufficient cause implies that the employer must firstly provide a formal charge letter enlisting the reason/s for which attention is being drawn to the employee. Every charge letter would then need to be followed by an adequate disciplinary hearing. Depending on the outcome of the hearing, this may then result in the issuance of the warning letter, where one (1) to three (3) written warning letters is the norm to highlight the insufficient action/s of the employee.
The number of charge letters, disciplinary hearings and/or warnings provided by the employer is namely dependent upon the specific case at hand and the seriousness of the actions of the employee, which merit the decision being taken.2
In the case of Reuben Fenech vs The Malta Financial Services Authority, decided by the Industrial Tribunal on the 20th of September, 2024, the Chairperson Sir Joseph Gerada explained how the typical composition of warning letters in an employment context requires that it must be:
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