An analysis of compensation by the industrial tribunal in cases of unfair dismissal

Abstract

The thesis is divided into six parts; kicking off with a general introduction about the author’s objectives and research methodology, the first chapter is straightforward and largely details the logistics of the study. The second chapter considers the compensatory system for unfair dismissal under English law. The author refers to English law prior to considering the Maltese regime, so as to establish a solid foundation upon which the Maltese system should be based. By delving into the English compensatory system, the reader can fully comprehend what a robust and structured system consists of. Once a solid foundation has been identified, the author then moves on to the third chapter which delves into unfair dismissals in Malta and the compensation arising therefrom. The chapter explains the compensatory system under Employment and Industrial Relations Act (EIRA), Chapter 452 of the Laws of Malta, and its application through caselaw. In this chapter, the author identifies emerging trends in the quantification of compensation which are due to the lack of guidance offered by the EIRA. This leads to the fourth chapter which contemplates the system of compensation for cases of unfair dismissals in Italy. The collection of considerations from all of the chapters are then carried into the fifth chapter, which offers an alternative system for compensation for cases of unfair dismissals in Malta; this proposal for an alternative compensatory system is guided by foreign jurisdictions and factors which were given considerable weight by the Industrial Tribunal in Malta in quantifying compensation. In offering such an alternative compensatory system, the author differentiates between the damages and compensation for unfair dismissal. Moreover, in order to offer a complete and holistic approach to the compensatory system in Malta, the author also briefly delves into fixed-term contracts and the compensation which arises upon the premature termination thereof since it is regulated under a different article of the EIRA.