Employment and Labour

Most employers are aware of the importance of given warnings (and therefore a second or third chance) to employees prior to dismissal. However, this may sometimes backfire if it goes on for too long.In an Industrial Tribunal case decided on the 19 February, 2020 (case number 3289/CC), the Tribunal considered that the employee in question had been warned several times about his behavior and mistakes, however, according to the Tribunal, the management had not shown a strong position that repetition of similar behavior could lead to termination of employment. The nearly indulgent behavior of the company over a period of…

The Court of Appeal (Inferior) confirmed the sum of ninety thousand, three hundred and seventy-four euro and forty-three cents (€90,374.43) granted by the Industrial Tribunal following a finding of unfair dismissal in the case of Publius Davison vs De La Rue Currency and Security Print Limited (Appeal nr 160/2018, decided on the 11th of October 2019). The case was filed by Publius Davison (hereinafter referred to as 'the applicant') on the 2nd of July 2008 after he had been dismissed from his employment on the 19th of June 2008.The applicant was a security guard with a salary of thirty thousand,…

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…

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…

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…

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…