Nov
17

Bullying at Work

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This week (the week from Monday 16 th November 2020 until the 20 th November 2020) is anti-bullying week – a week meant to raise awareness against prejudice and bullying not only in schools but also at the workplace and cyber-bullying. Maltese employment law does not deal directly with bullying but with harassment, and this in connection with discriminatory treatment or with sexual harassment. Does this mean that unless there is discrimination involved, the employer is not bound to protect employees from bullying at work? The Advisory, Conciliation and Arbitration...
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393 Hits
Oct
08

Tenants’ Rights Safeguarded by Constitutional Court

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Constitutional Court, Gerald Camilleri et vs Advocate General et, 6 th October 2020 The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from a previous title of emphyteusis. Notwithstanding the fact that the appl...
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  943 Hits
943 Hits
Oct
02

Court Judgment on Status of Employee

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In a judgment delivered on the 30 th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment. The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated ...
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  875 Hits
875 Hits
Sep
07

Upcoming ‘Digital’ Laws: The Future Is Now

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Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past c...
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924 Hits
Apr
30

MRVP Update 2

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L.N. 156 of 2020, entitled the Malta Residency Visa Agency (Establishment) (Amendment) Order, 2020 has come into force with the scope of introducing a new system of distribution of applicationsamongthe ApprovalsBoard. This has been done primarily to help with ensuring that each Approvals Board is assigned an equal number of cases, with the said assignment to be carried out by theChief ExecutiveOfficer of the Agency. An Approval Board shall be composed of a Chairperson and four (4) other members all appointed by the Minister responsible for the public administratio...
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  1310 Hits
1310 Hits