Courier company representative cleared of labour law breaches

A company representative has been acquitted of accusations relating to alleged breaches of employment laws in the courier sector, after a court ruled that prosecutors failed to present specific evidence linking the company to unpaid wages or illegal practices.

Julian Borg, who appeared in court as the representative of Mind International Ltd, was cleared by the court of several charges concerning alleged labour law violations between March and June 2024.

The charges followed nationwide protests by couriers working for delivery platforms during summer 2024.

Prosecutors alleged that the company failed to provide workers with necessary equipment, did not pay all wages owed, issued payslips without recorded hours, breached equal treatment rules between agency and directly-employed workers, withheld mandatory allowances, and failed to provide essential employment information.

Investigators from the Department for Industrial and Employment Relations (DIER) estimated around €200,000 in unpaid wages industry-wide.

However, the court heard that the investigation targeted 44 “fleet operators” working with platforms like Bolt and Wolt, and that no direct evidence emerged showing that Mind International Ltd failed to pay its own workers or breached their rights.

DIER officials, including lead investigator Christopher Galea and officer Mary Grace Cassar, confirmed they could not identify specific workers from Mind International who were underpaid or mistreated.

Witnesses from delivery platforms also did not establish any direct employment link between the platforms, the accused company, and the alleged offences.

The court stressed that in criminal and administrative proceedings, the prosecution must present clear, admissible and particularised evidence for each alleged breach. General investigations, estimates or industry-wide issues could not substitute concrete proof against the specific accused.

While acknowledging DIER’s important role in protecting vulnerable workers, especially third-country nationals working as couriers, the court found the evidence too vague to reach the moral certainty required for conviction. Borg was therefore cleared of all charges.

However, the court used the judgment to highlight structural failures in the sector and criticised the system that leaves vulnerable workers at risk of retaliation if they testify against their employers.

She urged policymakers to consider legal protections similar to those available to crime victims or whistle-blowers, to ensure that couriers who report abuse are not fired or deported as a consequence.

The court ordered that a copy of the judgment be sent to the Prime Minister, the Home Affairs and Labour Minister, the Justice Minister and the Parliamentary Secretary for Social Dialogue, noting the need for legislative reform to safeguard workers and support effective enforcement.

The ruling not only cleared the accused, but also underscored systemic weaknesses in Malta’s rapidly expanding gig-economy labour model, and the delicate balance between ensuring fair protection for workers and safeguarding the rights of the accused to a fair trial.

Magistrate Donatella Frendo Dimech presided.