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The Work-Life Balance for Parents and Carers Regulations, 2022 Employment and Industrial RelationsLegal Updates

The Work-Life Balance for Parents and Carers Regulations, 2022

Legal Notice 201 of 2022 has been published on the 13th July 2022 and will come into force on the 2nd August 2022. These regulations were enacted with the aim of transposing the EU Work-Life Balance Directive which was introduced and became part of EU law in August 2019. The main provisions of this legal notice are the following: 1. Regulation 4 introduces a paid 10-day paternity leave for fathers or equivalent second parents to be utilized at the moment of birth or adoption of their child. Moreover, as laid down in the same regulation, the right to paternity leave…
Mamo TCV Advocates
14th July 2022
EU Work-Life Balance Directive (2019/1158) to be adopted soon Employment and Industrial Relations

EU Work-Life Balance Directive (2019/1158) to be adopted soon

The Commission’s withdrawal of the Maternity Leave Directive which had not made any legislative progress since 2008, paved the way for an innovative and comprehensive outlook on tackling the lack of female representation in employment. Such approach centres around the Work-Life Balance Initiative which constitutes one of the outcomes of the European Pillar of Social Rights. Whilst considering the changes in society over the years, this initiative ensures a fairer division of responsibilities between males and females, with the aim of supporting working parents and carers. As part of the process of modernising the existing regulatory framework, the Work-Life Balance…
Klara Cachia
13th July 2022
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Court of Appeal Confirms the Enforceability of a Post-termination of Employment Restrictive Clause 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
Right to compensation on termination of a directorship 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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The importance of disciplinary proceedings prior to dismissal 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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Reinstatement of Employee after Finding of Unfair Dismissal 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