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Employment and Labour

Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Employment and Industrial Relations

Employees Beware of What You Post on Facebook!

An employee of an Italian business posted a derogatory comment on Facebook about her employer, using her mobile phone, which read something along the lines of "I've had enough of this sh**** place", complaining about the ever-changing tasks being assigned to her. The owner of the business read the post and, after seeking legal advice, decided to terminate her employment. The woman quickly deleted the post and unfriended the owner of the business from her Facebook friends, after contesting her termination. Both the Tribunal and the Court of Appeal found in favour of the employer in that the dismissal was…
Christine Calleja
6th June 2018
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Employment and Industrial Relations

Employees Beware of What You Post on Facebook!

An employee of an Italian business posted a derogatory comment on Facebook about her employer, using her mobile phone, which read something along the lines of "I've had enough of this sh**** place", complaining about the ever-changing tasks being assigned to her. The owner of the business read the post and, after seeking legal advice, decided to terminate her employment. The woman quickly deleted the post and unfriended the owner of the business from her Facebook friends, after contesting her termination. Both the Tribunal and the Court of Appeal found in favour of the employer in that the dismissal was…
Christine Calleja
6th June 2018
News_SexualHarassment2.jpg
Employment and Industrial Relations

Harsher Penalties Introduced for Harassment and Victimisation at Work

The Gender-Based Violence and Domestic Violence Act of 2018, which repealed the Domestic Violence Act, introduced changes to the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta). By means of the amendments, harsher penalties were introduced in the case of harassment and victimisation in the employment context.The fine (multa) in case a person is found guilty of the offence of harassment or victimisation was increased from a maximum of €2,329.37 to a fine of not less than €5,000 and not more than €10,000 and the imprisonment term (to which the person found guilty could be liable…
Christine Calleja
6th June 2018
News_SexualHarassment2.jpg
Employment and Industrial Relations

Harsher Penalties Introduced for Harassment and Victimisation at Work

The Gender-Based Violence and Domestic Violence Act of 2018, which repealed the Domestic Violence Act, introduced changes to the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta). By means of the amendments, harsher penalties were introduced in the case of harassment and victimisation in the employment context.The fine (multa) in case a person is found guilty of the offence of harassment or victimisation was increased from a maximum of €2,329.37 to a fine of not less than €5,000 and not more than €10,000 and the imprisonment term (to which the person found guilty could be liable…
Christine Calleja
6th June 2018
SocietyEducation.jpg
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