The Dismissal Letter For Poor Performance is a crucial document used when terminating an employee's contract due to unsatisfactory job performance in Malta. It is implemented after documented performance improvement attempts and formal warnings have been unsuccessful. The letter must comply with Malta's Employment and Industrial Relations Act (EIRA) and related employment regulations, requiring specific content such as clear reasoning for the termination, reference to previous warnings, notice period details, and final payment arrangements. This document serves as the final step in a performance management process and must demonstrate that the employer has followed fair procedures, provided adequate opportunity for improvement, and maintained proper documentation throughout the process. The letter's content and structure are designed to protect both employer and employee rights while minimizing the risk of unfair dismissal claims under Maltese law.
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1. Letter Header: Company letterhead, date, reference number, and formal addressing of the employee with full name and position
2. Subject Line: Clear indication that this is a termination of employment notice
3. Opening Statement: Direct statement confirming the termination of employment due to poor performance
4. Performance Issues: Specific details of performance issues, referencing previous discussions and warnings
5. Previous Interventions: Summary of previous performance improvement attempts, warnings, and opportunities given
6. Notice Period: Clear statement of the notice period as per employment contract and Maltese law
7. Final Payments: Information about final salary, unused leave, and other due payments
8. Company Property: Instructions regarding the return of company property
9. Closing Statement: Professional closing with information about final arrangements
10. Signature Block: Space for authorized signatory with full name and position
1. Garden Leave: Include when the employee is not required to work during the notice period but will remain on payroll
2. Non-Compete Reminder: Include if the employment contract contains post-employment restrictions
3. Handover Requirements: Include when there are specific projects or responsibilities that need to be transferred
4. Appeal Rights: Include details of internal appeal procedures if company policy allows for appeals
5. Reference Policy: Include the company's policy regarding future employment references
1. Performance Review Summary: Chronological summary of performance reviews and outcomes
2. Warning Letters: Copies of previous formal warning letters issued
3. Performance Improvement Plan: Copy of any Performance Improvement Plans (PIPs) and outcomes
4. Meeting Minutes: Records of performance discussion meetings
5. Handover Checklist: List of items, tasks, and responsibilities to be handed over
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