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Employment and Industrial Relations

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Court Judgment on Status of Employee Employment and Industrial RelationsNews

Court Judgment on Status of Employee

In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment.The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated his contract simply by giving notice according to the contract, he was therefore allegedly…
Christine Calleja
2nd October 2020
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How far should the employer go to provide alternative employment in case of health problems? Employment and Industrial Relations

How far should the employer go to provide alternative employment in case of health problems?

In a judgment delivered on the 1st July 2020 (case number 83/2019LM), the Court of Appeal considered the requirements of constructive dismissal. An ex-employee claimed that he had been forced to resign from his employment due to health problems which did not allow him to continue his job. Through his trade union, the employee requested the employer to provide him with alternative employment, but the company replied that none was available. After exhausting all his sick leave and a further period of unpaid leave, he decided to terminate his employment. The Tribunal had decided that the employee had not resigned…
Christine Calleja
10th July 2020
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Employers, Beware of Being Too Lenient, Tribunal Warns! 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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Court Confirms €90,374.43 Awarded for Unfair Dismissal Employment and Industrial Relations

Court Confirms €90,374.43 Awarded for Unfair Dismissal

The Court of Appeal (Inferior) confirmed the sum of ninety thousand, three hundred and seventy-four euro and forty-three cents (€90,374.43) granted by the Industrial Tribunal following a finding of unfair dismissal in the case of Publius Davison vs De La Rue Currency and Security Print Limited (Appeal nr 160/2018, decided on the 11th of October 2019). The case was filed by Publius Davison (hereinafter referred to as 'the applicant') on the 2nd of July 2008 after he had been dismissed from his employment on the 19th of June 2008.The applicant was a security guard with a salary of thirty thousand,…
Kirk Brincau
30th October 2019
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Society Education’s Annual Employment Law Seminar 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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Court Enforces Restrictive Clause and Corresponding Penalty in an Employment Contract 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