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Employment and Industrial Relations

Court of Justice of the European Union Condemns UK for Breaching Ambient Air Quality Limits

On the 4th March 2021, the Seventh Chamber of the Court of Justice of the European Union issued its decision on an important matter related to the breach of ambient air quality legislation by the UK government (European Commission v. United Kingdom of Great Britain and Northern Ireland, c-664/18). This case is only one among several others filed by the Commission against EU Member States, including France, Italy, Bulgaria and Hungary. Directive 2008/50/EC on ambient air quality and cleaner air for Europe required Member States of the EU to adopt the air pollution limits contained within its Annexes by the…
Mark Soler
8th March 2021
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Corporate and M&A

Recognition of UK Insolvency Proceedings in Malta Post-Brexit

Prior to 1st January, 2021, the cross-border recognition and enforcement of insolvency proceedings and judgements between the European Union ("EU") and the United Kingdom ("UK") was largely consolidated within the framework of the European Insolvency (Recast) Regulation (the "EIR") which generally attributed automatic recognition to such proceedings and/or judgements. Following the end of the Brexit transitional period on the 31st December 2020, the EIR no longer applies to the UK. Consequently, insolvency proceedings opened in the UK after 31st December 2020 will not benefit from automatic recognition. The EIR applies a set of common rules in determining the jurisdiction to…
Simon Pullicino
22nd February 2021
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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
Data Protection and PrivacyTelecoms, Media & Technology

Mamo TCV Advocates Publishes 5th Edition of its Popular (and free) ‘Brief Overview of the GDPR’

Mamo TCV Advocates has recently updated its very popular (and free) brief GDPR overview (now in its 5th edition) with easy-to-read information specific to Malta including the local implementation measures. The document can be downloaded for free from Mamo TCV's dedicated GDPR Microsite which is kept regularly updated. At www.gdprmalta.com you can find relevant data protection news and articles, all relevant guidelines, links to all the relevant laws and more. Should you need any guidance on any GDPR-related issues, please contact our specialised Data Protection Team at: dataprotection@mamotcv.com.  Disclaimer This document does not purport to give legal, financial or tax…
Claude Micallef Grimaud
2nd February 2021
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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
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Employment and Industrial RelationsNews

Court Judgment on Status of Employee

In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment.The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated his contract simply by giving notice according to the contract, he was therefore allegedly…
Christine Calleja
2nd October 2020