All Posts By

Klara Cachia

Can Seamen Claim Unfair Dismissal Before The Industrial Tribunal? Employment and Industrial Relations

Can Seamen Claim Unfair Dismissal Before The Industrial Tribunal?

Introduction In a recent preliminary decision number 3174 decided on 22 April 2026, the Industrial Tribunal was faced with an unfair dismissal claim. This decision provided the Tribunal with an opportunity to consolidate the distinction between the employment law framework under the Employment and Industrial Relations Act (‘EIRA’), Chapter 452 of the Laws of Malta, and the specialised regime governing maritime workers under the Merchant Shipping Act, Chapter 234 of the Laws of Malta. Facts of the Case The claimant, employed under a ‘Seafarer Employment Agreement’, instituted proceedings before the Industrial Tribunal alleging that he had been unfairly dismissed by…
Klara Cachia and Justyne Falzon
5th June 2026
Pensioners
Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees Employment and Industrial Relations

Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees

Introduction On 18 June 2025, the Government of Malta, through the Ministry for Finance, launched a month-long public consultation on the introduction of an auto-enrolment occupational pension regime. This initiative seeks to strengthen long-term retirement savings by requiring employers to offer qualifying pension schemes and automatically enrol eligible employees, subject to an opt-out option. Which Legal Frameworks will be Impacted? Occupational pension plans in Malta are currently offered by two categories of licensed holders governed by distinct legal frameworks. These include Retirement Scheme Administrators, licensed under the Retirement Pensions Act, and long-term insurance undertakings, licensed under the Insurance Business Act.…
Christine Calleja and Klara Cachia
10th July 2025
Clear glass panels
Malta Begins Transposition of the EU Pay Transparency Directive Employment and Industrial Relations

Malta Begins Transposition of the EU Pay Transparency Directive

The EU Pay Transparency Directive has quickly become one of the most widely discussed legislative developments in employment law. With its transposition deadline of 7th June 2026, this Directive is drawing considerable attention from employers, employees, HR professionals and legal practitioners alike. While the Directive introduces new rights and obligations aimed at strengthening pay transparency and addressing the gender pay gap, the underlying principle of equal pay for work of equal value is not new to Maltese law. This principle has long been established under Article 27 of the Employment and Industrial Relations Act, Chapter 452 of the Laws of…
Klara Cachia and Christine Calleja
30th June 2025
Artificial Intelligence
Navigating the Future of Employment: The EU AI Act’s Revolutionary Impact on the Working World Employment and Industrial Relations

Navigating the Future of Employment: The EU AI Act’s Revolutionary Impact on the Working World

This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Artificial Intelligence (AI) has revolutionized various industries, garnering considerable hype and widespread discussion. As AI technologies continue to evolve, their integration into various industries has profound implications, particularly for the labour market. The use of AI in employment raises critical questions about the possibility of job displacement, changes in skill requirements and ethical issues regarding bias, discrimination and privacy. Furthermore, AI can contribute to the creation of new employment opportunities. In response, the European Union (EU) has introduced the AI…
Klara Cachia and Christine Calleja
9th October 2024
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Defining Damages: Decision on the Scope of Moral Damages Litigation & Dispute Resolution

Defining Damages: Decision on the Scope of Moral Damages

On 30th July 2024, when considering Application number 88/21/2, the Court of Appeal was tasked with deciding two primary issues and grievances brought forward by the appellants against the decision of the First Court. These were the appropriate multiplier for calculating the victim’s loss of future earnings, and moral damages following Act XIII of 2018. By addressing these pertinent legal issues, the Court sought to establish clear guidelines for the quantification of damages in personal injury cases, an area which has been marked by inconsistent judicial interpretations surrounding notions of lucrum cessans and damnum emergens. In its decision, the First…
Klara Cachia and Kirk Brincau
7th August 2024