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Klara Cachia

MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Court of Appeal Rejects Employee’s Claim for Unfair Dismissal Employment and Industrial RelationsLitigation & Dispute Resolution

Court of Appeal Rejects Employee’s Claim for Unfair Dismissal

On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal. The employee had embarked on a year-long career break during his employment with the bank after having first obtained permission from management in compliance with the Collective Agreement then in place. The bone of contention revolved around the way in…
Klara Cachia and Christine Calleja
26th September 2023
Malta to Apply the 2019 Hague Judgments Convention by 1st September 2023 Litigation & Dispute Resolution

Malta to Apply the 2019 Hague Judgments Convention by 1st September 2023

Malta, as a European Union (‘EU’) Member State, is bound to apply the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, also known as the Hague Judgments Convention, from the 1st of September 2023. This Convention, concluded on the 2nd of July 2019 by the Hague Conference on Private International Law, pertains to one of the three fundamental pillars of private international law, that is, the recognition and enforcement of foreign judgments. The main objective of this legal instrument is to enhance cross-border transactions, ensure legal certainty and improve access to justice on…
Klara Cachia
13th March 2023
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
The Action of Unjustified Enrichment Litigation & Dispute Resolution

The Action of Unjustified Enrichment

The action of unjustified enrichment, also known as the actio de in rem verso, dates back to Roman Law and despite the fact that it was formally included in the Maltese Civil Code in 2007 by means of Article 1028A, it has always been accepted by the Maltese Courts. The notions of equity and fairness serve as the foundation of this action. One should be compensated for the benefit gained by an individual without a just cause to the detriment of the former. Owing to its quasi-contract nature, the obligation does not arise from a contract and therefore, in line…
Klara Cachia
22nd September 2022
Platform worker
European Commission Proposal on Digital Platform Workers 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 and Klara Cachia
25th August 2022