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Employment and Industrial Relations

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Discrimination and Harassment at the Workplace Employment and Industrial Relations

Discrimination and Harassment at the Workplace

Dr. Christine Calleja shall be delivering a three-hour presentation, organised by Society Education, on the topic of discrimination and harassment at work. The seminar will give a general overview of Maltese anti-discrimination laws in the field of employment law which are currently in place. The topics of sexual harassment and equal pay will also be examined, together with various case-law related to this topic. The seminar is to be held on Thursday the 22nd February 2018.  Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not…
Christine Calleja
17th February 2018
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The importance (or otherwise) of disciplinary proceedings in dismissal cases Employment and Industrial Relations

The importance (or otherwise) of disciplinary proceedings in dismissal cases

In a recent judgment, James Buhagiar vs Jani Limited, delivered on the 26th January 2018, the Court of Appeal examined in quite some detail the issue of disciplinary proceedings in unfair dismissal cases.The employee had been dismissed following an accusation of theft. The disciplinary procedures in the employment contract had been ignored. On the basis of this, the Industrial Tribunal had concluded that the dismissal was in violation of the right to a fair hearing and of the employment conditions. The Tribunal ordered the employer to reinstate the employee in his previous post without loss of pay for the correct…
Christine Calleja
1st February 2018
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Sexual Harassment and Discrimination at the Forefront of the News Employment and Industrial Relations

Sexual Harassment and Discrimination at the Forefront of the News

The topic of discrimination and harassment featured prominently in last week's international news. BBC's former China editor, Carrie Grace, resigned from her post claiming pay discrimination based on gender, giving rise to the #IStandWithCarrie solidarity campaign. Meanwhile in Hollywood, during the Golden Globes, actresses wore black to take a stand against sexual harassment following the Harvey Weinstein scandal, in connection with the Time's Up movement. Locally, in an article published by the Times on the 12th January, it results that three out of every four women are sexually harassed at work. What is more shocking is that the blame-the-victim mentality…
Christine Calleja
17th January 2018
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Protection of Employment for those on a minimum wage. Employment and Industrial Relations

Protection of Employment for those on a minimum wage.

In April of last year, mandatory supplements were introduced for those earning the minimum wage, (and for those who earn slightly more than the minimum wage but less than the new minimum wage with the €3 supplement), by means of amendments to the National Minimum Wage National Standard Order (S.L. 452.71). The supplements are to be paid weekly upon completion of the first year of employment and another supplement is to be paid upon completion of the second year of employment. What is interesting to note is proviso (5) to regulation 4 of the Standard Order which effectively limits the…
Christine Calleja
8th January 2018
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Limiting post-termination of employment restraints? Employment and Industrial Relations

Limiting post-termination of employment restraints?

In a Court of Appeal judgment dated the 27th October 2017, in the names of Paul u martu Mariella Mizzi kif ezercenti l-kummerc that l-isem "The Foto Grafer" v David Serracino et, the court considered a clause in a contract which effectively bound an employee to his employer for a period of at least two years of employment, failing which the employee was liable to pay to the employer the sum of Lm10,000. This sum was to be repaid back in view of the investment made by the employer to train the employee for the initial two years and in…
Christine Calleja
22nd November 2017
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€350,000 in damages for breaching fiduciary obligations Employment and Industrial Relations

€350,000 in damages for breaching fiduciary obligations

In the recent judgment of M.A.I.N. Services Limited et v Albert Galea et (case 1246/07 JZM) delivered on the 28th September 2017, the Court examined in quite extensive detail the nature and the effects of fiduciary duties.The defendant had been a director and a trusted employee of the plaintiff company. Following his resignation from the company, a major foreign supplier ceased its business relationship with the company and started doing business with the defendant. In its judgment, the Court deemed that even following his resignation from the company as employee and director, the defendant had remained a fiduciary of the…
Christine Calleja
27th October 2017