Skip to main content
Platform worker
Employment and Industrial Relations

European Commission Proposal on Digital Platform Workers

Platform work entails the use of an online platform, serving as an intermediary between the clients and the workers for the performance of particular services or to carry out particular jobs in return for payment. In this way, division of work into specific jobs is favoured over a long-standing employment relationship. One can distinguish between online labour platforms where the tasks are carried out regardless of the location and can thus be performed remotely, and on-location labour platforms, like the transport of people or food, the latter gaining increasing popularity throughout the COVID-19 pandemic. The European Commission while recognising the…
Christine Calleja
25th August 2022
Gavel hitting
Employment and Industrial Relations

Court of Appeal Confirms the Enforceability of a Post-termination of Employment Restrictive Clause

In a case decided on the 4th May 2022 (case number 524/14), the Court of Appeal held that a restriction contained in an employment contract which prevented an employee from soliciting or interfering or endeavouring to entice a customer away from the company after termination of employment, for a period of two years, could be enforced by the employer. The First Hall of the Civil Court had decided that since the clause was not restricted to customers with whom the employee had dealings with during his employment, then the clause was null. The Court of Appeal however decided that the…
Christine Calleja
30th June 2022
Litigation & Dispute ResolutionNews

Mamo TCV Advocates participate in the International Fraud Group’s Bi-Annual Meeting in London

Dr Michael Psaila and Dr Christine Calleja participated in the International Fraud Group’s bi-annual meeting, which was held in London on the 11th and 12th May 2022. The IFG was established in 1997 by London firm Mischon de Reya with the aim of bringing together law firms that work in fraud investigation and asset recovery and now boasts members from over 50 countries. The network has also recently launched an initiative to identify weaknesses in companies’ supply chains relating to human trafficking and exploitation, in a bid to curb these activities. More information about the IFG’s activities can be accessed…
Christine Calleja
24th May 2022
Employment and Industrial Relations

Right to compensation on termination of a directorship

In a judgment delivered on the 4th of April 2022 (case number 108/2019), the Civil Court, First Hall, was required to delve into issues of company law, employment law and contract. The focal point of this judgment was the Director's Service Agreement entered into by the plaintiff, a natural person, and the defendant companies by which agreement the plaintiff was entrusted with the management of the defendant companies as director, head of the institution and chief financial officer. The issue that arose related to the interpretation of the contractual clauses which provided for the termination of the contractual relationship. The…
Christine Calleja
12th April 2022
News_Hammer.png
Employment and Industrial Relations

The importance of disciplinary proceedings prior to dismissal

In a decision delivered on the 23rd of March 2022, case number 3833/CC, the Industrial Tribunal emphasised the importance of disciplinary proceedings in termination of employment cases. The employee had been dismissed on the spot following an argument with one of the company's directors. The Tribunal stated that in cases where the accusations against the employee will lead to the termination of employment, the principle of 'audi alteram parte' should always be respected and that thereby the employee should be given an opportunity to defend his position. There may be cases where an immediate dismissal, without there being any proceedings,…
Christine Calleja
24th March 2022
News_BAS.jpg
Employment and Industrial Relations

Reinstatement of Employee after Finding of Unfair Dismissal

This article was written by​ Dr Christine Calleja and Tessa Borg Bartolo​In a recent judgment, 67/2020 LM, the Court of Appeal dealt with a case where an employee was claiming to have been unfairly dismissed by his employer on account of a medical condition - Obstructive Sleep Apnoea. The employee had been diagnosed with this condition by a professional in the field after multiple warnings were given to him by his employer in this regard. The employer had brought to his attention the numerous occasions in which he was found sleeping while at work, as well as other instances in…
Christine Calleja
3rd December 2021