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Employment and Industrial Relations

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Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018
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Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
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Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
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Employment and Industrial Relations

Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case

In the judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior Jurisdiction) delved into the issue of what constitutes a transfer within the meaning of the Transfer of Business (Protection of Employment) Regulations and article 38 of the Employment and Industrial Relations Act. The case in question was initiated by a claim filed before the Industrial Tribunal by Antoinette Farrugia ('claimant') who was employed with Optical (CCSG) Company Limited ("Optical") on an indefinite basis. On the 8th of December…
Kirk Brincau
9th October 2018
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Employment and Industrial Relations

Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case

In the judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior Jurisdiction) delved into the issue of what constitutes a transfer within the meaning of the Transfer of Business (Protection of Employment) Regulations and article 38 of the Employment and Industrial Relations Act. The case in question was initiated by a claim filed before the Industrial Tribunal by Antoinette Farrugia ('claimant') who was employed with Optical (CCSG) Company Limited ("Optical") on an indefinite basis. On the 8th of December…
Kirk Brincau
9th October 2018
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Employment and Industrial Relations

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

On the 10th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein.The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclusions. Leave is to be used on days as agreed between…
Christine Calleja
17th August 2018