The GWU legal team has successfully won two appeal judgments in the cases of Neil Muscat and Antoine Zammit against Ozo Resources Limited (the outsourcing agency) and WasteServ Malta Limited (the company benefiting from the service).
These cases were brought by the Hospitality and Food Section of the GWU on behalf of its members to challenge what they alleged was an unfair dismissal of the two workers. Despite Ozo Resources Limited acting as an employment agency to provide employees to WasteServ Malta Limited, it was WasteServ that exercised direct control over these workers for the duration of their assignments. This situation is often referred to as a ‘contractor’ employment model.
WasteServ objected to being included in the proceedings before the Industrial Tribunal. However, the Industrial Tribunal issued a preliminary ruling stating that WasteServ, due to its involvement with the workers, must remain part of the proceedings and respond to the workers’ requests.
Although WasteServ appealed this preliminary ruling, the Court of Appeal issued judgments on January 23, 2026, stating that these appeals were not accepted. The GWU won these appeal judgments on procedural grounds, thereby confirming the Industrial Tribunal’s decision. Although WasteServ was not the official employer of the two workers, it was determined that, as the company benefiting from their services and managing their employment with a level of direct control, WasteServ must participate in the Tribunal proceedings.
This outcome further strengthens the rights of ‘contractor’ workers concerning their duties, extending the responsibility for fair and lawful working conditions to the user enterprises as well.
