Court upholds rights of injured and unregistered worker

On 23 July 2025, Magistrate Donatella Frendo Dimech delivered a powerful judgment in the case, Police vs Francesco sive Frank Schembri and Edward Schembri. This case served as a striking reminder of the responsibilities that employers have towards their employees, especially in relation to lawful employment, registration, and safety at work.

The case concerned a third country national from Albania, Boiken Cela, who started working with the company Schembri Infrastructure Limited in March 2020.

Company employee Johann Farrugia informed Cela that although the single permit had not yet been issued, he could still start working for the company. However, although Cela started working in March, the company failed to register his employment with Jobsplus.

Just two months into his employment, on 11 May 2020, the employee suffered an accident at work, resulting in the amputation of his fingers on one of his hands. At hospital, he was made aware that removing all his fingers was the only option to save his life.

Despite the fact that Cela’s injury was clearly a work-related injury, his employers failed to pay him his salary and for the one year injury leave to which he was entitled. In fact, the Company owed Cela the total sum of €17,051, consisting of €14,415 in salary owed between May 2020 and May 2021, €267 in pro-rata weekly allowances, €315 statutory bonuses, €617 in public holiday entitlements and €1,434 in accumulated but not utilised vacation leave. However, the company withheld these sums from him.

Instead, when approached by the relevant authorities, the company claimed that Cela was never employed with them and they ignored the Department of Employment and Insutrial Relation’s claims for payment. Since Cela was not registered with Jobsplus and his employer did not pay his social security contributions during his two months of employment, Cela was also ineligible for any social security benefits, including injury leave benefit. This was also confirmed by a representative from the Department of Social Security.

During court proceedings, the court was also informed that Schembri Infrastructure Limited failed to register another six workers who were carrying out employment with the company.

When the employers subsequently admitted that Cela carried out work for them, they erroneously stated that Cela was paid €5 an hour as indicated in the Contract of Employment submitted to Identita. However, the DIER presented ample evidence that Cela was in actual fact paid €7 per hour and that the employer did not make a distinction between his basic pay and overtime rate. The company kept insisting that Cela was paid €5 an hour in order to pay his injury leave at this rate. In fact, during the court proceedings, the company offered Cela a cheque of €3,884, which he did not accept.

The court described the employer’s conduct as truly shameful, highlighting th company’s blatant attempt to manipulate the truth to evade responsibility. Magistrate Frendo Dimech condemned the treatment of workers who are used as tools by their employers, devoid of dignity or legal protection, and underscored the employer’s moral and legal obligations to safeguard workers’ rights.

The court found both directors of the company guilty and ordered them to pay the fine of €1,500 each, alongside the sum of €17,051 to the employee. Additionally, the court ordered that in light of the declarations which were made in relation to the conditions of employment and wages to the DIER and Jobsplus, and in light of the testimonies which were given by company employee Rodianne Brincat, that a copy of the judgment together with a copy of a number of testimonies are to be communicated to the police commissioner to consider whether further action in relation to perjury and false declarations to public authorities can be taken against the directors of the company and/or their employees in terms of Articles 108 and 188 of the Criminal Code.