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Employment & LabourLegal Update

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
Employment & LabourLegal Update

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
Employment & Labour

Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case

In the judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior Jurisdiction) delved into the issue of what constitutes a transfer within the meaning of the Transfer of Business (Protection of Employment) Regulations and article 38 of the Employment and Industrial Relations Act. The case in question was initiated by a claim filed before the Industrial Tribunal by Antoinette Farrugia ('claimant') who was employed with Optical (CCSG) Company Limited ("Optical") on an indefinite basis. On the 8th of December…
Kirk Brincau
9th October 2018
Employment & Labour

Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case

In the judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior Jurisdiction) delved into the issue of what constitutes a transfer within the meaning of the Transfer of Business (Protection of Employment) Regulations and article 38 of the Employment and Industrial Relations Act. The case in question was initiated by a claim filed before the Industrial Tribunal by Antoinette Farrugia ('claimant') who was employed with Optical (CCSG) Company Limited ("Optical") on an indefinite basis. On the 8th of December…
Kirk Brincau
9th October 2018