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Christine Calleja

Christine Calleja is a senior associate of the firm working in the employment law department. She has assisted various local and international companies in human resources matters, such as contract drafting, unfair dismissal claims, transfers of business and collective redundancies, as well as represented clients before the Maltese Industrial Tribunal and courts. Christine has also participated in educational seminars organised for the human resources industry as lecturer in this field. Furthermore, forming part of the litigation team, Christine specialises in insurance claims, representing a major insurance company in Malta and also individual claimaints in insurance related matters.

Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Employment and Industrial Relations

Industrial Tribunal Decision on Constructive Dismissal and Discrimination

In Industrial Tribunal case number 3642/CCG, the applicant claimed that he had been subjected to discrimination, lack of equal pay, a breach of the grievance procedure under the collective agreement, lack of payment of a performance bonus and constructive dismissal. Firstly considering discrimination, the applicant argued that he was not allowed to avail himself of a career break to work with a company operating in the financial services industry. The reason for this was that there was a specific exclusion in the same collective agreement. The Tribunal stated that such a career break was within the absolute discretion of the…
Christine Calleja
5th July 2023
Employment and Industrial Relations

Industrial Tribunal Finds in Favour of Employee in an Unfair Dismissal Case

In the Industrial Tribunal case with number 3945/CC, the applicant, a Chief Operating Officer and Director, engaged with Amicorp Fund Services Malta Ltd, was dismissed by means of a letter of termination due to the fact that, according to the defendant company, he was not properly performing his functions. The Tribunal commented that the case was a particular one since it dealt with senior management, in which cases usually an amicable termination is arrived at. The Tribunal also noted that in the termination letter, no reason for termination had been indicated. Moreover, it had not been proven that prior to…
Christine Calleja
17th May 2023
Mamo TCV Advocates
Employment and Industrial Relations

Court of Appeal Overturns Industrial Tribunal Decision in a Case of Unfair Dismissal

In the Industrial Tribunal case of David Magro v HSBC Bank Malta plc, the applicant alleged that he had been unfairly dismissed when the defendant bank had not accepted to renew his career break, resulting in his employment being terminated. The applicant had been granted such a renewal for several years but had agreed with the Bank that the last renewal would be final, and that by a specific date, he had to either resign or return to perform his duties with the Bank. Notwithstanding this agreement, the applicant applied once again for another extension which was refused by the…
Christine Calleja
10th May 2023
Amendments to Probationary Periods in Employment
Employment and Industrial Relations

New Rules on Probation and Fixed Term Contracts of Employment

On the 20th of December 2022, various amendments (and clarifications) to the Employment and Industrial Relations Act (Chapter 452) came into force, mainly relating to the probationary period applicable to fixed term contracts and the duration of fixed term contracts. By means of the amendments: In the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period. A fixed term contract cannot be shorter than six months unless there is an objective reason based on precise circumstances which needs to be listed…
Christine Calleja
26th December 2022
Mamo TCV - Court Finds Employer Not Responsible for Employee’s Injury
Employment and Industrial Relations

Court Finds Employer Not Responsible for Employee’s Injury

In the case with number 609/2018 TA decided on the 29th of September 2022, the employee was alleging that he had suffered an injury whilst performing his duties as a gardener. The defendant company employing the plaintiff rejected responsibility for this alleged incident. The court commented that in these cases, whilst the employee is considered as the vulnerable party, a causal link needs to exist between the event giving rise to damages and the act or omission of the employer. Under the Maltese legal system, there is no objective responsibility placed upon the employer. It is the employee who must…
Christine Calleja
7th October 2022