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European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression 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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No Discrimination When the Employer Pursues a Genuine Occupational Need 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
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The Malta Nomad Residence Permit Immigration

The Malta Nomad Residence Permit

Residency Malta Agency, the local Government entity responsible for the management and promotion of Malta's residency-by-investment programmes, has launched a new residence permit, the Nomad Residence Permit. This initiative offers third-country nationals the opportunity to work remotely and reside in Malta for a temporary period.The holder of a Nomad Residence Permit shall retain their current employment in another country whilst residing in Malta. The residence permit is issued for one year and can be renewed upon the discretion of the authority if the holder of the permit continues to meet the eligibility criteria. Alternatively, those applicants who are interested in…
Julian Fenech Adami
9th June 2021