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Employment and Industrial Relations

Society Education’s Annual Employment Law Seminar

Dr Christine Calleja, Dr Kirk Brincau and Dr Warren Ciantar from Mamo TCV Advocates as speakers in this year's Society Educations' annual employment law seminar which is going to be held on Tuesday 29th October 2019 at the Xara Lodge. Dr Christine Calleja, who is also this year's seminar moderator, will deliver a presentation on occupational health and safety. Dr Kirk Brincau will discuss this last year's most relevant employment law cases whilst Dr Warren Ciantar will speak about data protection implications in employment. Disclaimer This document does not purport to give legal, financial or tax advice. Should you require…
Christine Calleja
25th October 2019
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Employment and Industrial Relations

Court Enforces Restrictive Clause and Corresponding Penalty in an Employment Contract

In a judgment delivered on the 16th September 2019, the First Hall Civil Court examined the issue of restrictive covenants in an employment contract. The ex-employee of the plaintiff company had bound himself not to: ""in any way deemed detrimental to the business operation and/or goodwill of the Employer, solicit, communicate, employ, contact or carry out any business deals in the widest sense, whether alone or with any other person or entity, either directly or indirectly, any customers, of the Employer anywhere in Malta or Gozo." Tied to this clause was a corresponding penalty of €18,000 in case of breach.…
Christine Calleja
30th September 2019
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Employment and Industrial Relations

The New Work-life Balance Directive

On the 13th June 2019, the European Council adopted a Directive aimed at bridging the gap between males and females in the workforce by catering for possible flexible working arrangements for parents and carers. Each Member State will need to implement this Directive into their national law. The main features of the Directive are the following:Paternal Leave: The Directive introduces the right for fathers to avail themselves of not less than ten working days of paternal leave on the occasion of the birth of their child. This right to paternity leave is applicable without any prejudice to marital or family…
Christine Calleja
29th July 2019
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Employment and Industrial Relations

The New Work-life Balance Directive

On the 13th June 2019, the European Council adopted a Directive aimed at bridging the gap between males and females in the workforce by catering for possible flexible working arrangements for parents and carers. Each Member State will need to implement this Directive into their national law. The main features of the Directive are the following:Paternal Leave: The Directive introduces the right for fathers to avail themselves of not less than ten working days of paternal leave on the occasion of the birth of their child. This right to paternity leave is applicable without any prejudice to marital or family…
Christine Calleja
29th July 2019
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Employment and Industrial Relations

Can an Employee Appeal from the Amount of Compensation Established by the Industrial Tribunal?

Chapter 452 of the Laws of Malta limits the right of appeal of an aggrieved party in cases of unfair dismissal and other cases falling within the jurisdiction of the Industrial Tribunal to points of law only. However, the definition of what constitutes a point of law has recently been given quite a wide interpretation by the Court of Appeal. Such an example is the case decided last month, on the 8th March 2019 (64/2017), by the Court of Appeal. The Industrial Tribunal found that the employee who had instituted unfair dismissal proceedings had been unfairly dismissed and awarded him…
Christine Calleja
23rd April 2019
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Employment and Industrial Relations

Beware of ‘Positive Discriminatory’ Measures

In a judgment delivered recently by the Court of Justice of the European Union, Austrian legislation was in the limelight. A particular law provided that Good Friday was a paid public holiday for members of certain religious congregations only. If a member of such a congregation did work on that day, he was entitled to additional pay. Such an entitlement was not based on any condition that the employee in question had to perform a particular religious duty during that day. Therefore, the employee was free to choose how to spend his time during that day. The Court held that…
Christine Calleja
8th February 2019