Skip to main content
Category

Employment and Industrial Relations

News_Hammer.png
Employment and Industrial Relations

Industrial Tribunal to have jurisdiction in case of termination of fixed term employment contracts

In the case of Waldemar Galea v l-Universita' ta' Malta, decided by the Court of Appeal on the 25th January 2019, it was held that due to the wording of the law in Chapter 452 (the Employment and Industrial Relations Act), cases of alleged unfair termination of fixed term employment contracts had to be decided by the normal civil courts and not by the Industrial Tribunal.Act LVIII of 2020, published on the 11th December 2020, now establishes that the definition of 'unfair dismissal' in the Act includes also the termination by the employer of a fixed term employment contract (except…
Christine Calleja
16th December 2020
News_OBL.png
Employment and Industrial RelationsNews

Bullying at Work

This week (the week from Monday 16th November 2020 until the 20th November 2020) is anti-bullying week – a week meant to raise awareness against prejudice and bullying not only in schools but also at the workplace and cyber-bullying. Maltese employment law does not deal directly with bullying but with harassment, and this in connection with discriminatory treatment or with sexual harassment. Does this mean that unless there is discrimination involved, the employer is not bound to protect employees from bullying at work?The Advisory, Conciliation and Arbitration Service ('ACAS') in the UK defines bullying as behaviour from a person or…
Christine Calleja
17th November 2020
News_Sig.png
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
News_BSU.png
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
COVID19 MeasuresEmployment and Industrial RelationsLegal Update

Government Issues an Updated Wage Supplement Scheme

On Monday 8th June 2020, the Maltese Government announced another financial aid package aimed at economic regeneration. Amongst the numerous measures put in place to assist businesses in recovering from the impact caused by the COVID-19 pandemic, the Government announced an updated Wage Supplement Scheme which is to take effect from July 2020 up until September 2020.In terms of the said updated Wage Supplement Scheme, those businesses which operate in the areas of tourist accommodation, air transport, event organization, travel agencies and language schools will remain eligible to benefit from an entitlement of €800 for each worker employed on a…
MamoTCV Advocates
15th June 2020
News_mny2.png
COVID19 MeasuresEmployment and Industrial RelationsLegal Update

COVID-19 Wage Supplement and Medical Benefit

The Maltese Government is providing businesses operating in certain sectors with a wage supplement for their employees. Applications for businesses to apply for the COVID wage supplement are now online. There are two lists of businesses with a corresponding benefit. Those listed in Annex A on the Malta Enterprise website (businesses operating in sectors which suffered drastically due to the pandemic and businesses which had to temporarily suspend their operations on the order of the Superintendent of Public Health) are entitled to up to 5 days' salary based on €800 per month. This applies also for self-employed workers. Part-time employees…
MamoTCV Advocates
30th March 2020