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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
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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
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Employment and Industrial Relations

Transposition of the EU Whistleblower Directive into the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta

This article was written by​ Dr Petra Attard and Dr Martina BonniciThe legislation currently regulating whistleblower protection in Malta is the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta (the ''Act'') which came into force on the 15th September 2013. While the Whistleblowing Directive EU 2019/1937 (the "Directive") has not yet been transposed into Maltese law, Bill 249 of 2021, titled An Act to Amend the Protection of the Whistleblower Act (the "Amending Act"), published on the 15th November 2021 seeks to amend the Act in order to align it with the Directive. It is yet…
Petra Attard
30th November 2021
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Litigation & Dispute Resolution

European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression

This article was written by​ Dr Kirk Brincau and Mélusine QuerciaIn the case of Melike v. Turkey (Application No. 35786/19) decided on the 15th of September 2021 the European Court of Human Rights (hereinafter referred to as 'ECtHR') was tasked with deciding whether the applicant's dismissal from employment, which had been based entirely on her liking posts on social media, had breached her right to freedom of expression. The applicant, a cleaner, was an ex-employee of the Ministry of National Education in Turkey who was dismissed from her position by the disciplinary committee for employees in national education of the…
Kirk Brincau
11th November 2021
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Employment and Industrial Relations

No Discrimination When the Employer Pursues a Genuine Occupational Need

This article was written by​ Dr Christine Calleja & Tessa Borg BartoloA landmark judgment of the Court of Justice of the European Union ('the CJEU') in joined cases C-804/18 and C-341/19 was decided on the 15th July 2021 relating to the employer's ability to enforce certain conditions on employees in order to present a neutral image at the workplace. The facts of the cases involved individuals in Germany who were instructed by their respective employers not to wear the traditional Islamic headscarf (hijab) at their place of work. After the decisions of the local German courts were delivered, a preliminary ruling…
Christine Calleja
16th September 2021