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Employment and Industrial Relations

The Introduction of the Employment Agencies Regulations of 2023 Employment and Industrial Relations

The Introduction of the Employment Agencies Regulations of 2023

The Employment Agencies Regulations of 2023, which will come into force as from the 1st April 2024, introduce a new regime for regulating the services provided by employment agencies, which were, until now, largely unregulated. These Regulations target employment agencies that provide recruitment services, temporary work services and/or outsourcing services. Certain activities such as recruitment performed by an employer for employment in its own business, recruitment by marketing agents on behalf of any employer whose identity is clearly specified in an advertisement and outsourcing agencies offering professional, technical and surveying services, are excluded from the scope of these Regulations. The…
Christine Calleja and Klara Cachia
24th November 2023
Court of Appeal Upholds Dismissal Decision and Affirms Jurisdiction Limits Employment and Industrial Relations

Court of Appeal Upholds Dismissal Decision and Affirms Jurisdiction Limits

In case 161/2022/LM, delivered on 11th October 2023, the Court of Appeal upheld the decision of the Industrial Tribunal, which found justifiable reasons for dismissal. Following the Tribunal's conclusion that the grounds for dismissal presented by the defendant company were justified, and consequently, the dismissal was fair, the former employee contested this decision in front of the Court of Appeal. The ex-employee requested the Court to overturn the Tribunal's decision, arguing that the Tribunal had not correctly assessed the evidence. In response, the company contended that the appeal was frivolous and vexatious as no point of law had been raised.…
Kristen Camilleri
16th October 2023
Attending an Online meeting
Society Education Employment Law Seminar 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
Court of Appeal Rejects Employee’s Claim for Unfair Dismissal Employment and Industrial RelationsLitigation & Dispute Resolution

Court of Appeal Rejects Employee’s Claim for 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