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Employment and Industrial Relations

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Limiting the applicability of post-termination restraints on employees in Malta Employment and Industrial Relations

Limiting the applicability of post-termination restraints on employees in Malta

The First Hall of the Civil Court delivered a judgment on the topic of post-termination of employment restrictive clauses, in the names of Cutrico Services Ltd vs Josef Penza (23rd February 2017). This judgment highlights the importance of careful drafting of employment contracts, in particular as regards restraints on the employees, since these can easily be considered as being against competition. The defendants's employment contract had contained a restrictive clause which provided that he was not, for his own account or for that of any other person, firm or company, solicit or interfere or endeavour to entice away from the…
Christine Calleja
28th April 2017
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New Business Hours Regulations in Malta – Express Consent of Employee Required to Work on Sundays Employment and Industrial Relations

New Business Hours Regulations in Malta – Express Consent of Employee Required to Work on Sundays

In line with the new Business Hours Regulations (Subsidiary Legislation 441.08), which have come into force as of January 2017 and which allow shops to open on Sundays (subject to the opening times established in the same Regulations), the Wholesale and Retail Trades Wages Council Wage Regulation Order (Subsidiary legislation 452.63) has also been amended.Amongst other changes in the working times and periods of rest, an important introduction in the Wholesale and Retail Trades Wages Council Wage Regulation Order is that contained in regulation 6A which provides that employees covered by the Wage Regulation Order shall only be obliged to work…
Christine Calleja
10th March 2017
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New Rights for Adoptive Parents – the Adoption Leave National Standard Order Employment and Industrial RelationsNews

New Rights for Adoptive Parents – the Adoption Leave National Standard Order

​On the 10th October 2016, new Regulations came into force, giving new rights to employees who have adopted a child, analogous to maternity leave. Prior to the Regulations, employees who adopted a child were only entitled to unpaid parental leave.The Adoption Leave National Standard Order (Subsidiary Legislation 452.11) provides that an employee who is the parent of an adopted child is entitled to an uninterrupted period of eighteen weeks' adoption leave, corresponding to the eighteen weeks' maternity leave. Similarly, also to maternity leave, only the first fourteen weeks are to be paid leave by the employer. If both parents are…
Christine Calleja
21st February 2017
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Occupational Health and Safety Legislation Employment and Industrial Relations

Occupational Health and Safety Legislation

​Recently, Dr. Christine Calleja delivered a lecture on health and safety legislation organised by Business Leaders Academy. Health and safety legislation can be a minefield for employers. The Occupational Health and Safety Authority Act and the Regulations issued under it (around 30 in number) regulate issues varying from compulsory eye-sight checks for workers to the number of sanitary conveniences which need to be present at the workplace. The law imposes a wide range of obligations on the employer to ensure at all times the health and safety not only of workers, but also that of other persons who may be affected…
Christine Calleja
28th November 2016
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Constructive Dismissal Employment and Industrial Relations

Constructive Dismissal

Dr. Christine Calleja recently delivered a three-hour seminar, organised by Society Education, on the topic of 'Constructive Dismissal'. Whilst most employers are aware of the legal consequences they may face in cases of unlawful termination of employment, including sometimes rather hefty awards ordered by the Industrial Tribunal, the concept of 'constructive dismissal' will not be familiar to many. In certain situations, which can be interpreted as amounting to a breach of contract, the employee may be entitled to resign and bring forward a claim for unfair dismissal, even though such employee was never directly dismissed. The extent to which the…
Christine Calleja
25th November 2016