Top-tier law firm Mamo TCV Advocates recently strengthened its financial crime compliance team with the arrival of Antonio Ghirlando , who joined the firm as a Senior Advisor. Mr Ghirlando is a seasoned compliance specialist with a specific focus on financial crime compliance, including the prevention of money laundering, countering the funding of terrorism, combatting proliferation finance, sanctions, anti-bribery & corruption, and fraud. During his career, Antonio has worked with various licensed entities in both the financial and non-financial sectors as He...

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...

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Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era.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...

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 ...

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...