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Mamo TCV Advocates - The principle of equal pay for work of equal value to apply more extensively to workers of employment agencies
Employment and Industrial Relations

Extension of the Principle of Equal Pay for Work of Equal Value

The current Temporary Agency Workers Regulations (S.L. 452.106) regulate temporary agency workers, transposing Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work into Maltese law. This legislation is meant to ensure equality of treatment between temporary agency workers and employees of the user undertaking (the entity for which the temporary agency workers would be providing their services). The present regulations make exceptions to the applicability of the principle of equal pay for work of equal value. To ensure better equality of treatment, a new legal notice 128 of 2024 entitled ‘Temporary Agency Workers Regulations, 2024’…
Christine Calleja and Erika Azzopardi Taliana
4th June 2024
Mamo TCV - Legal Article
Employment and Industrial Relations

Industrial Tribunal Delivers an Award on a Dismissal of a Worker During his Notice Period

In the Industrial Tribunal case with number 4196/HW, the applicant claimed that he had been unfairly dismissed from his position with the respondent employer in the aftermath of his resignation, whilst he was working his notice period, and that he was owed a sum of money from commissions and unutilised leave. Firstly, the applicant argued that he had resigned from the workplace and was then dismissed by the employer during his notice period, and therefore the Industrial Tribunal should thus vary the reason for termination from a dismissal to a resignation. Following the plea raised by the defendant company, that…
Jake Buttigieg
6th March 2024
Employment and Industrial Relations

Court of Appeal Upholds Dismissal Decision and Affirms Jurisdiction Limits

In case 161/2022/LM, delivered on 11th October 2023, the Court of Appeal upheld the decision of the Industrial Tribunal, which found justifiable reasons for dismissal. Following the Tribunal's conclusion that the grounds for dismissal presented by the defendant company were justified, and consequently, the dismissal was fair, the former employee contested this decision in front of the Court of Appeal. The ex-employee requested the Court to overturn the Tribunal's decision, arguing that the Tribunal had not correctly assessed the evidence. In response, the company contended that the appeal was frivolous and vexatious as no point of law had been raised.…
Kristen Camilleri
16th October 2023
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Employment and Industrial Relations

Industrial Tribunal Orders Airmalta plc to Pay Ex-Employee €20,000 in a Case of Unfair Dismissal

In the case 3389/MF, the applicant argued that his redundancy from Airmalta plc was not genuine and consequently, that he should be compensated for unfair dismissal. On the other hand, Airmalta claimed that the marketing business had changed throughout the years and through a restructuring process, it had been decided that the role of marketing manager was no longer needed. In its summary of the case, the Tribunal noted that marketing work had been outsourced to an ex-employee and, that the work carried out was similar in nature to the work which the applicant used to carry out. The Tribunal…
Christine Calleja
10th July 2023
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Employment and Industrial Relations

Industrial Tribunal Decision on Constructive Dismissal and Discrimination

In Industrial Tribunal case number 3642/CCG, the applicant claimed that he had been subjected to discrimination, lack of equal pay, a breach of the grievance procedure under the collective agreement, lack of payment of a performance bonus and constructive dismissal. Firstly considering discrimination, the applicant argued that he was not allowed to avail himself of a career break to work with a company operating in the financial services industry. The reason for this was that there was a specific exclusion in the same collective agreement. The Tribunal stated that such a career break was within the absolute discretion of the…
Christine Calleja
5th July 2023