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Employment and Industrial RelationsLitigation & Dispute Resolution

Ensuring Equality and Diversity in the Workplace

The European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)’s yearly benchmarking instrument, the Rainbow Map and Index, ranks 49 European countries with respect to the level of protection afforded to LGBTIQ+ individuals from a legal and policy perspective. Malta, the host for EuroPride 2023, has secured the highest ranking on the Rainbow Europe Map for 8 consecutive years. Despite such a high ranking, it is important to note that from a legal standpoint, LGBTIQ+ individuals were not always afforded the highest level of protection against discrimination. In fact, prior to 2014, the supreme law of…
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
Employment and Industrial Relations

Industrial Tribunal Finds in Favour of Employee in an Unfair Dismissal Case

In the Industrial Tribunal case with number 3945/CC, the applicant, a Chief Operating Officer and Director, engaged with Amicorp Fund Services Malta Ltd, was dismissed by means of a letter of termination due to the fact that, according to the defendant company, he was not properly performing his functions. The Tribunal commented that the case was a particular one since it dealt with senior management, in which cases usually an amicable termination is arrived at. The Tribunal also noted that in the termination letter, no reason for termination had been indicated. Moreover, it had not been proven that prior to…
Christine Calleja
17th May 2023
Mamo TCV Advocates
Employment and Industrial Relations

Court of Appeal Overturns Industrial Tribunal Decision in a Case of Unfair Dismissal

In the Industrial Tribunal case of David Magro v HSBC Bank Malta plc, the applicant alleged that he had been unfairly dismissed when the defendant bank had not accepted to renew his career break, resulting in his employment being terminated. The applicant had been granted such a renewal for several years but had agreed with the Bank that the last renewal would be final, and that by a specific date, he had to either resign or return to perform his duties with the Bank. Notwithstanding this agreement, the applicant applied once again for another extension which was refused by the…
Bridging the Gender Pay Gap…New EU Rules for Pay Transparency
Employment and Industrial Relations

Bridging the Gender Pay Gap…
New EU Rules for Pay Transparency

On the 30th of March 2023, as part of its efforts to address the gender pay gap phenomenon and promote the equal pay principle, the European Parliament widely approved the EU Pay Transparency Directive. In 2021, the gender pay gap stood at 12.7% in the EU, with no minimal changes in the last ten years. Whilst the equal pay principle has been recognised as a fundamental pillar of EU law since the Treaty of Rome, this statistic showcases that its implementation on a practical level has not been very successful. The Pay Transparency Directive thus aims to address the absence…