Workplace Harassment: Legal Remedies

The workplace should be a space of professionalism, collaboration, and growth. Unfortunately, for many in Malta, it can sometimes become a source of immense stress and distress due to harassment. If you’re experiencing unwelcome conduct, intimidation, or discrimination at work, remember this: you are not alone, and you have rights. Facing harassment can be isolating and frightening, but understanding your options is the first step towards reclaiming your peace and dignity. This article will guide you through the crucial legal remedies available to employees in Malta who are dealing with workplace harassment, offering clarity and support.

Understanding Workplace Harassment in Malta

In Malta, the law takes workplace harassment seriously. It’s vital to understand what constitutes harassment so you can identify it and know when your rights are being violated. Harassment isn’t just physical; it can be psychological, verbal, or even digital, creating a hostile environment.

What Constitutes Harassment?

Harassment is generally defined as any unwelcome conduct that has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment. This can manifest in several ways:

• Sexual Harassment: Unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature.
• Psychological Harassment (Bullying): Repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.
• Discrimination-related Harassment: Harassment based on gender, race, religion, disability, sexual orientation, age, or any other protected characteristic under Maltese law.

The key element here is “unwelcome” and the impact it has on you and your work environment.

The Maltese Legal Framework

Malta has robust laws designed to protect employees from harassment. The primary legislation includes the Employment and Industrial Relations Act (EIRA) and the Equality Act. These laws prohibit various forms of harassment and provide avenues for redress. Employers have a legal duty to provide a safe working environment, free from harassment, and to take all reasonable steps to prevent it.

Your First Steps: Internal Procedures

Before exploring external legal remedies, it’s often advisable to first address the issue internally, if safe and practical to do so. This can sometimes resolve the problem quickly and is often a prerequisite for some legal avenues.

Document Everything

This is perhaps the most crucial practical advice we can give. Keep a detailed record of every incident. Note down:

• Dates, times, and locations of incidents.
• What exactly happened and what was said.
• The names of any witnesses.
• Copies of any relevant emails, messages, or documents.
• Any medical records or psychological assessments if your health has been affected.

This documentation will be invaluable evidence, whether you pursue an internal complaint or take legal action.

Speak Up: Internal Complaints

Most workplaces have an internal grievance procedure. If your workplace has an HR department, they are often the first point of contact. You can also approach your manager (if they are not the harasser), a senior colleague, or a union representative if you are part of one. Clearly state that you are experiencing harassment and refer to your documented evidence. Employers are legally obliged to investigate complaints thoroughly and impartially.

When Internal Steps Aren’t Enough: Exploring Legal Remedies

If internal measures fail to resolve the issue, or if you feel unsafe making an internal complaint, you have further legal remedies at your disposal in Malta.

Conciliation and Mediation

Sometimes, before going to a formal tribunal, it’s possible to attempt conciliation or mediation. This involves a neutral third party helping you and the other party (or your employer) reach a mutually agreeable solution. This can be a less confrontational and quicker way to resolve disputes, but it requires cooperation from both sides.

Filing a Complaint with the Industrial Tribunal

The Industrial Tribunal is Malta’s judicial body responsible for resolving industrial disputes, including those related to workplace harassment. You can file a formal complaint with the Tribunal, presenting your case and evidence. The Tribunal has the power to order remedies such as compensation for damages, reinstatement (if applicable), or other measures to stop the harassment.

Other Avenues: The Equality Commission

If your harassment is based on a protected characteristic (like gender, race, or disability), you might also consider filing a complaint with the National Commission for the Promotion of Equality (NCPE). The NCPE is mandated to investigate complaints of discrimination and harassment and can provide recommendations or even refer cases to the Industrial Tribunal or other courts.

Seeking Compensation for Harm Suffered

Beyond stopping the harassment, you may be entitled to compensation for the suffering, distress, and any financial losses you incurred as a result of the harassment. This can include loss of earnings, medical expenses, and compensation for pain and suffering. The amount awarded depends on the severity and impact of the harassment.

The Importance of Legal Counsel

Navigating the complexities of employment law and harassment claims can be daunting. The legal process involves specific procedures, deadlines, and requirements for presenting evidence. This is where professional legal advice becomes invaluable.

An experienced legal professional can help you:

• Understand your rights and the legal nuances of your specific situation.
• Assess the strength of your case and advise on the best course of action.
• Gather and present evidence effectively.
• Represent you during internal grievance procedures, conciliation, or before the Industrial Tribunal.
• Negotiate settlements on your behalf.

Having a lawyer by your side ensures that your case is handled professionally, giving you the best possible chance of a positive outcome and allowing you to focus on your well-being.

No one should ever have to endure workplace harassment. You deserve a safe, respectful, and dignified environment to work in. Knowing your rights and the legal remedies available in Malta is the first step towards empowering yourself and putting an end to harassment. Don’t suffer in silence; support is available. Taking that initial step can be the most challenging, but it’s a crucial one towards securing your peace of mind and protecting your professional future.

If you believe you are experiencing workplace harassment and need guidance on your next steps, we are here to help. Taking action now can make all the difference.

Request legal advice.