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Employment and Industrial Relations

Occupational Health and Safety Legislation

​Recently, Dr. Christine Calleja delivered a lecture on health and safety legislation organised by Business Leaders Academy. Health and safety legislation can be a minefield for employers. The Occupational Health and Safety Authority Act and the Regulations issued under it (around 30 in number) regulate issues varying from compulsory eye-sight checks for workers to the number of sanitary conveniences which need to be present at the workplace. The law imposes a wide range of obligations on the employer to ensure at all times the health and safety not only of workers, but also that of other persons who may be affected…
Christine Calleja
28th November 2016
Employment and Industrial Relations

Constructive Dismissal

Dr. Christine Calleja recently delivered a three-hour seminar, organised by Society Education, on the topic of 'Constructive Dismissal'. Whilst most employers are aware of the legal consequences they may face in cases of unlawful termination of employment, including sometimes rather hefty awards ordered by the Industrial Tribunal, the concept of 'constructive dismissal' will not be familiar to many. In certain situations, which can be interpreted as amounting to a breach of contract, the employee may be entitled to resign and bring forward a claim for unfair dismissal, even though such employee was never directly dismissed. The extent to which the…
Christine Calleja
25th November 2016
Investment Services & Funds

Recognised Incorporated Cell Companies

​BackgroundBy virtue of the Companies Act (Investment Companies with Variable Share Capital) Regulations, it has been possible, since 2003, to set up a multi-fund company licensed as a collective investment Scheme in Malta. The distinguishing feature of this type of umbrella-structure company is that several sub-funds can be set up within the company, with each sub-fund having its own segregated assets and liabilities. The assets and liabilities of each sub-fund are distinct from the assets and liabilities of the other sub-funds under the same umbrella structure. Furthermore, each sub-fund obtains its own licence as, for instance, a professional investors fund…
Katya Tua
21st November 2016
Investment Services & FundsNews

Non-Financial Counterparty and Financial Counterparty obligations under EMIR

​Each of the following shall be deemed to be Financial Counterparties for the purposes of EMIR: a credit institution, an investment firm, a UCITS, and where relevant, its management company, an AIF managed by AIFM, an insurance, assurance, reinsurance undertaking, or an institution for occupational retirement provision.Non-financial counterparties ("NFCs") are all those counterparties to a derivative contract other than Financial Counterparties, Trade Repositories and Central Counterparties. Until a fund shall remain regulated under the Malta PIF regime, it shall be classified as an NFC (and hence Parts A, B and C below shall apply), however, it is important to note…
Katya Tua
21st November 2016
Investment Services & FundsNews

Malta: Implications of the Alternative Investment Fund Manager Directive (AIFMD)

1. Background1.1. The deadline for implementation of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers1 ("AIFMD"), by the EU Member States is 22 July 2013. However, there are various transitional provisions and special provisions on the transposition of certain rules in relation to third countries, which make the application of such rules dependent on a positive advice / opinion from ESMA, and a delegated act from the European Commission. For the relevant timeframes, see Annex I.1.2. The AIFMD will concern, essentially:• Fund managers established in the EU managing and / or marketing Alternative Investment Funds ("AIFs"),…
Katya Tua
18th November 2016
Real Estate & Construction

The 1979 amendments to Malta’s rent laws held to be in violation of the right to property

​The case of Anthony Aquilina v. Malta (Application no. 3851/12) involved proceedings instituted by Mr. Aquilina (hereinafter 'the Applicant') before the European Court of Human Rights, Fifth Section, (hereinafter 'the ECtHR' or 'the Court') wherein he alleged that his rights to property under Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter 'the Convention') had been infringed by the Maltese State.The Applicant had inherited a maisonette in Gozo following the demise of his mother in 1984. On the 12th January 1960, the property had been registered as a 'decontrolled…
MamoTCV
9th November 2016