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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.

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Litigation & Dispute Resolution

It’s not always the driver’s fault!

In a judgment delivered on Friday 12th June 2020, the Civil Court, First Hall (the 'Court') found that a pedestrian was solely responsible for a traffic accident, as a result of which the same pedestrian had died. A third party witness had given evidence in the criminal proceedings instituted against the driver of the vehicle involved in the accident, stating that he had seen the pedestrian crossing 4 to 5 feet away from the pedestrian crossings and whilst the traffic lights were red for pedestrians. The victim had also managed to pass through barriers in the road to cross the…
Christine Calleja
15th June 2020
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Litigation & Dispute Resolution

Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’

Is an insurer entitled to avoid paying third party victims of an accident in cases where the said insurer obtains a declaration from a Court that the policy which was issued in favour of the policy-holder is null and void under Chapter 104 of the Laws of Malta, or is an insurer still obliged to paythird parties in such cases as the insurer concerned under Subsidiary Legislation 403.13? This question was tackled by the Court of Appeal in the case Middlesea Insurance plc today Mapfre Middlesea plc vs Emanuel Ciantar et which was decided on the 27th March 2020.The Court…
Christine Calleja
6th April 2020
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COVID19 MeasuresEmployment and Industrial Relations

Covid 19 – Employment Measures

COVID 19 – Employment MeasuresThe coronavirus has started taken its toll on Maltese business with many employers, especially those in the tourism and entertainment industry, having to shut down their operations temporarily. This article addresses the main queries which are being asked by employers in view of the current situation. What is quarantine leave?On the 13th March 2020, Legal Notice 62 of 2020 (the Minimum Special Leave Entitlement (Amendment) Regulations) came into force to make provision for quarantine leave. Quarantine leave is defined as "leave to be granted to the employee without loss of wages in such cases where the…
Christine Calleja
16th March 2020
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Employment and Industrial Relations

Employers, Beware of Being Too Lenient, Tribunal Warns!

Most employers are aware of the importance of given warnings (and therefore a second or third chance) to employees prior to dismissal. However, this may sometimes backfire if it goes on for too long.In an Industrial Tribunal case decided on the 19 February, 2020 (case number 3289/CC), the Tribunal considered that the employee in question had been warned several times about his behavior and mistakes, however, according to the Tribunal, the management had not shown a strong position that repetition of similar behavior could lead to termination of employment. The nearly indulgent behavior of the company over a period of…
Christine Calleja
20th February 2020
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Employment and Industrial Relations

Society Education’s Annual Employment Law Seminar

Dr Christine Calleja, Dr Kirk Brincau and Dr Warren Ciantar from Mamo TCV Advocates as speakers in this year's Society Educations' annual employment law seminar which is going to be held on Tuesday 29th October 2019 at the Xara Lodge. Dr Christine Calleja, who is also this year's seminar moderator, will deliver a presentation on occupational health and safety. Dr Kirk Brincau will discuss this last year's most relevant employment law cases whilst Dr Warren Ciantar will speak about data protection implications in employment. Disclaimer This document does not purport to give legal, financial or tax advice. Should you require…
Christine Calleja
25th October 2019
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Employment and Industrial Relations

Court Enforces Restrictive Clause and Corresponding Penalty in an Employment Contract

In a judgment delivered on the 16th September 2019, the First Hall Civil Court examined the issue of restrictive covenants in an employment contract. The ex-employee of the plaintiff company had bound himself not to: ""in any way deemed detrimental to the business operation and/or goodwill of the Employer, solicit, communicate, employ, contact or carry out any business deals in the widest sense, whether alone or with any other person or entity, either directly or indirectly, any customers, of the Employer anywhere in Malta or Gozo." Tied to this clause was a corresponding penalty of €18,000 in case of breach.…
Christine Calleja
30th September 2019