Industrial Tribunal rules French Embassy unfairly dismissed accountant

The Industrial Tribunal ruled the French Embassy in Malta unfairly dismissed accountant Stephan Maurice Georges Saurin, concluding it had failed to justify his termination or to consult him before removing him from his post.

The decision was delivered on Tuesday, 11 November 2025.

Saurin, who had been employed by the embassy since 2019, initially on a temporary contract and later on an indefinite one, was dismissed in April 2023 after being informed that his role had become redundant.

The embassy argued a partial restructuring meant a civil servant from the French Ministry for Europe and Foreign Affairs would assume his duties alongside additional sovereign functions.

The case reached the tribunal through an application filed in June 2023. Saurin, represented by lawyer Joseph Borda, maintained the redundancy was a pretext for replacing him with an expatriate official, referring to internal instructions he said directed his removal by August 2023.

The embassy, represented by lawyer Joseph Refalo, countered the tribunal lacked jurisdiction and that sovereign immunities applied, given its status as a diplomatic mission.

The tribunal noted the embassy itself had opted to regulate the employment relationship under Maltese private employment law. The employment contract explicitly stated that disputes could be brought before the Maltese courts, and the tribunal had previously rejected the embassy’s objection to its competence.

In evidence, Deputy Head of Mission Christopher Jean testified Saurin could not perform tasks involving sovereign documents such as visas or passports, which were assigned to trained French civil servants. Jean said that Saurin had twice travelled to France, at the Embassy’s expense, to sit the civil service examinations but did not pass.

A public official posted to Malta subsequently took over both consular certifications and the accounts role.

The tribunal held, however, that Saurin’s contractual role was limited to administrative and financial duties. It found no clause obliging him to qualify as a civil servant or perform consular functions. Citing established employment jurisprudence, it ruled that redundancy requires the genuine abolition of the role.

In this case, the tribunal found Saurin’s duties continued to be carried out by the newly arrived official and that the embassy had effectively reorganised the post to replace the employee rather than eliminate the need for his work.

The tribunal also observed the embassy had not consulted Saurin prior to termination, despite having clear indications weeks earlier that his dismissal was being considered. It referred to established requirements for meaningful consultation, noting that none had occurred.

Saurin told the tribunal that he remained unemployed for four months after his dismissal and suffered financial difficulties, losing roughly €9,000 in salary and later accepting a job that paid €438 less per month than his embassy position.

In its decision, the Tribunal declared that Saurin was unfairly dismissed and awards him €8,500 in global compensation. It rejected his request for reinstatement but orders the Embassy to pay the sum within one month.

It noted his five years of service, four months of unemployment, his previous salary of €1,703 per month, and his subsequent reduction in income in determining the award.