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Employment and Industrial Relations

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Employment and Industrial Relations

Court of Appeal Confirms the Enforceability of a Post-termination of Employment Restrictive Clause

In a case decided on the 4th May 2022 (case number 524/14), the Court of Appeal held that a restriction contained in an employment contract which prevented an employee from soliciting or interfering or endeavouring to entice a customer away from the company after termination of employment, for a period of two years, could be enforced by the employer. The First Hall of the Civil Court had decided that since the clause was not restricted to customers with whom the employee had dealings with during his employment, then the clause was null. The Court of Appeal however decided that the…
Christine Calleja
30th June 2022
Employment and Industrial Relations

Right to compensation on termination of a directorship

In a judgment delivered on the 4th of April 2022 (case number 108/2019), the Civil Court, First Hall, was required to delve into issues of company law, employment law and contract. The focal point of this judgment was the Director's Service Agreement entered into by the plaintiff, a natural person, and the defendant companies by which agreement the plaintiff was entrusted with the management of the defendant companies as director, head of the institution and chief financial officer. The issue that arose related to the interpretation of the contractual clauses which provided for the termination of the contractual relationship. The…
Christine Calleja
12th April 2022
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Employment and Industrial Relations

The importance of disciplinary proceedings prior to dismissal

In a decision delivered on the 23rd of March 2022, case number 3833/CC, the Industrial Tribunal emphasised the importance of disciplinary proceedings in termination of employment cases. The employee had been dismissed on the spot following an argument with one of the company's directors. The Tribunal stated that in cases where the accusations against the employee will lead to the termination of employment, the principle of 'audi alteram parte' should always be respected and that thereby the employee should be given an opportunity to defend his position. There may be cases where an immediate dismissal, without there being any proceedings,…
Christine Calleja
24th March 2022
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Employment and Industrial Relations

Reinstatement of Employee after Finding of Unfair Dismissal

This article was written by​ Dr Christine Calleja and Tessa Borg Bartolo​In a recent judgment, 67/2020 LM, the Court of Appeal dealt with a case where an employee was claiming to have been unfairly dismissed by his employer on account of a medical condition - Obstructive Sleep Apnoea. The employee had been diagnosed with this condition by a professional in the field after multiple warnings were given to him by his employer in this regard. The employer had brought to his attention the numerous occasions in which he was found sleeping while at work, as well as other instances in…
Christine Calleja
3rd December 2021
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Employment and Industrial Relations

Transposition of the EU Whistleblower Directive into the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta

This article was written by​ Dr Petra Attard and Dr Martina BonniciThe legislation currently regulating whistleblower protection in Malta is the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta (the ''Act'') which came into force on the 15th September 2013. While the Whistleblowing Directive EU 2019/1937 (the "Directive") has not yet been transposed into Maltese law, Bill 249 of 2021, titled An Act to Amend the Protection of the Whistleblower Act (the "Amending Act"), published on the 15th November 2021 seeks to amend the Act in order to align it with the Directive. It is yet…
Petra Attard
30th November 2021
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Employment and Industrial Relations

No Discrimination When the Employer Pursues a Genuine Occupational Need

This article was written by​ Dr Christine Calleja & Tessa Borg BartoloA landmark judgment of the Court of Justice of the European Union ('the CJEU') in joined cases C-804/18 and C-341/19 was decided on the 15th July 2021 relating to the employer's ability to enforce certain conditions on employees in order to present a neutral image at the workplace. The facts of the cases involved individuals in Germany who were instructed by their respective employers not to wear the traditional Islamic headscarf (hijab) at their place of work. After the decisions of the local German courts were delivered, a preliminary ruling…
Christine Calleja
16th September 2021