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Employment and Industrial Relations

Attending an Online meeting
Employment and Industrial RelationsWebinars

Society Education Employment Law Seminar

Society Education shall once again be organising the yearly employment law seminar, which shall be held online on the 24th and 27th of October. Dr Christine Calleja and Dr Martina Bonnici, shall be participating in this year’s seminar with the following topics: occupational health and safety and whistleblowing legislation. The seminar will be moderated by Dr Christine Calleja.
Mamo TCV Advocates
26th September 2023
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Employment and Industrial RelationsLitigation & Dispute Resolution

Court of Appeal Rejects Employee’s Claim of 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
Employment and Industrial RelationsLitigation & Dispute Resolution

Ensuring Equality and Diversity in the Workplace

The European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)’s yearly benchmarking instrument, the Rainbow Map and Index, ranks 49 European countries with respect to the level of protection afforded to LGBTIQ+ individuals from a legal and policy perspective. Malta, the host for EuroPride 2023, has secured the highest ranking on the Rainbow Europe Map for 8 consecutive years. Despite such a high ranking, it is important to note that from a legal standpoint, LGBTIQ+ individuals were not always afforded the highest level of protection against discrimination. In fact, prior to 2014, the supreme law of…
Christine Calleja, Klara Cachia and Maria-Lisa Buttigieg
7th September 2023
Corporate and M&AEmployment and Industrial RelationsNews

Mamo TCV Contributes to the World Services Group European Whistleblower Report

Mamo TCV Advocates contributed to the World Services Group Employment and Labour Group ⁠European Whistleblower Report. More than 20 European countries have contributed to this Report which provides a country-by-country update on how European Member States have transposed Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the “Directive”). The Directive sets out minimum standards which are aimed at ensuring harmonised whistleblower protection across the European Union. Dr. Christine Calleja and Dr. Martina Bonnici contributed to the Report by providing an overview on…
Mamo TCV Advocates
27th July 2023
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Employment and Industrial Relations

Industrial Tribunal Orders Airmalta plc to Pay Ex-Employee €20,000 in a Case of Unfair Dismissal

In the case 3389/MF, the applicant argued that his redundancy from Airmalta plc was not genuine and consequently, that he should be compensated for unfair dismissal. On the other hand, Airmalta claimed that the marketing business had changed throughout the years and through a restructuring process, it had been decided that the role of marketing manager was no longer needed. In its summary of the case, the Tribunal noted that marketing work had been outsourced to an ex-employee and, that the work carried out was similar in nature to the work which the applicant used to carry out. The Tribunal…
Christine Calleja
10th July 2023
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