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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
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Litigation & Dispute Resolution

Landmark Decision on Jactitation Suits

Jactitation suits are a long established remedy found under Maltese procedural law intended to limit one's ability to indefinitely vaunt claims without basis. This type of suit allows any person, whether natural or legal, that has had any form of right vaunted against him in written form to request the court to order the third party claimant to either bring the claim in trial within a period not exceeding three months or be forever precluded from proceeding with such a claim in the future. The remedy is a relatively simple one and while rarely used, due to its practical implications…
Kirk Brincau
27th January 2022
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Investment Services & Funds

The Investment Firms Regulation and Directive – Master Data Collection and Investment Firms Classification

The Investment Firms Regulation and Directive (the "IFR/D Package"), became applicable on the 26th of June 2021. The IFR/D Package introduced a new prudential framework that is applicable to Investment Firms. For further details on the coming into force of the IFR/D Package, kindly refer to our article of the 4th of November 2021. On the 17th of January 2022, the Malta Financial Services Authority (the "MFSA") issued a Circular titled "The Investment Firms Regulation and Directive – Data Collection", which follows up on other circulars and briefings that were issued by the MFSA following the coming into force of…
Anthea Sammut​
25th January 2022
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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
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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