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Employment and Industrial Relations

The importance of disciplinary proceedings prior to dismissal

In a decision delivered on the 23rd of March 2022, case number 3833/CC, the Industrial Tribunal emphasised the importance of disciplinary proceedings in termination of employment cases. The employee had been dismissed on the spot following an argument with one of the company's directors. The Tribunal stated that in cases where the accusations against the employee will lead to the termination of employment, the principle of 'audi alteram parte' should always be respected and that thereby the employee should be given an opportunity to defend his position. There may be cases where an immediate dismissal, without there being any proceedings,…
Christine Calleja
24th March 2022
Corporate and M&ALegal Updates

Mamo TCV Delivers seminar on Company Secretary at Society Education Event

On 30th November 2021, Dr Joshua Chircop delivered a seminar regarding the Duties of the Company Secretary on behalf of Mamo TCV Advocates on the invitation of Society Education. The presentation was split into three parts, with the first examining the appointment and removal of the company secretary. The second part focused on the statutory functions and responsibilities of the company secretary together with the holding of general meetings and board meetings. The third part of the seminar focused on the responsibilities of the company secretary under VAT legislation together with salient considerations under the Prevention of Money Laundering Act and…
MamoTCV Advocates
7th December 2021
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
Banking & Finance

Garnishee Orders – Recent Amendments to the Code of Organisation and Civil Procedure Could Place Significant Administrative Burden on Banks

This article was written by​ Dr Neeraj Bharwani and Dr Michael Psaila Act No. LXII of 2021 (the "Act") was published in the Government Gazette on the 29th October 2021 introducing several amendments to the provisions dealing with garnishee orders in the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta (the "COCP"). Briefly, the Act has extended the list of assets that cannot be subject to a garnishee order to include:(i) Private pensions and pensions issued by foreign governments up to the amount established for the highest pension issued by the Government; (ii) Benefits and subsidies…
Neeraj Bharwani
12th November 2021
Employment and Industrial Relations

Ex-employee of the St John Co-Cathedral Foundation awarded €23,000 in damages for unfair dismissal

An ex-employee of the St John's Co-Cathedral Foundation instituted proceedings before the Industrial Tribunal seeking compensation for unfair dismissal. The defendant Foundation argued that the ex-employee had committed several breaches throughout the years and that the final action of insubordination on his part had left the Foundation with no option other than to summarily dismiss him. The Tribunal commented that whilst the defendant had argued that the ex-employee had committed several abusive practices, its reaction towards such alleged abuses had always been lenient. A point worth mentioning is the fact that the disciplinary board which had been set up to…
Christine Calleja
19th February 2021
Employment and Industrial Relations

Industrial Tribunal to have jurisdiction in case of termination of fixed term employment contracts

In the case of Waldemar Galea v l-Universita' ta' Malta, decided by the Court of Appeal on the 25th January 2019, it was held that due to the wording of the law in Chapter 452 (the Employment and Industrial Relations Act), cases of alleged unfair termination of fixed term employment contracts had to be decided by the normal civil courts and not by the Industrial Tribunal.Act LVIII of 2020, published on the 11th December 2020, now establishes that the definition of 'unfair dismissal' in the Act includes also the termination by the employer of a fixed term employment contract (except…
Christine Calleja
16th December 2020