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MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Employment and Industrial RelationsLitigation & Dispute Resolution

Court of Appeal Rejects Employee’s Claim of Unfair Dismissal

On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal. The employee had embarked on a year-long career break during his employment with the bank after having first obtained permission from management in compliance with the Collective Agreement then in place. The bone of contention revolved around the way in…
ESG & CSR: Impact on Employment Webinar
Webinars

ESG & CSR: Impact on Employment Webinar

The ESG & CSR: Impact on Employment webinar is being held as part the Mamo TCV Sustainable Finance Week being held between 24 October & 28 October 2022. Please click here for the programme of events.Thursday, 27 October 202210:00 – 11:00 am (CET) This webinar will be of interest to individuals involved in employment matters.
Mamo TCV Advocates
14th October 2022
balanced stones
Employment and Industrial RelationsLegal Update

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
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
Gavel hitting
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
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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