Aug
17

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

News_EmpLaw
On the 10 th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein. The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclu...
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1100 Hits
Jun
06

Employees Beware of What You Post on Facebook!

Employees Beware of What You Post on Facebook!
An employee of an Italian business posted a derogatory comment on Facebook about her employer, using her mobile phone, which read something along the lines of "I've had enough of this sh**** place", complaining about the ever-changing tasks being assigned to her. The owner of the business read the post and, after seeking legal advice, decided to terminate her employment. The woman quickly deleted the post and unfriended the owner of the business from her Facebook friends, after contesting her termination. Both the Tribunal and the Court of Appeal found in favour o...
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737 Hits
Jun
06

Harsher Penalties Introduced for Harassment and Victimisation at Work

Harsher Penalties Introduced for Harassment and Victimisation at Work
The Gender-Based Violence and Domestic Violence Act of 2018, which repealed the Domestic Violence Act, introduced changes to the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta). By means of the amendments, harsher penalties were introduced in the case of harassment and victimisation in the employment context. The fine (multa) in case a person is found guilty of the offence of harassment or victimisation was increased from a maximum of €2,329.37 to a fine of not less than €5,000 and not more than €10,000 and the imprisonment term (to whic...
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481 Hits
Apr
11

Employer files counter-claim against ex-employee seeking damages

Employer files counter-claim against ex-employee seeking damages
In the case of Brian Schembri v National Orchestra Limited, which is currently pending before the First Hall of the Civil Court, the ex-employee sued the employer for payment of three years' salary according to contract, in view of the fact that the employer had terminated the employment contract. In a rather interesting twist, the employer not only defended its position by arguing that it had terminated the contract for sufficient reasons, considering also that the employee himself had abandoned his employment, but it filed a counter-claim against the employee cl...
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774 Hits
Feb
27

Does ‘on-call’ time qualify as ‘working time?

Does ‘on-call’ time qualify as ‘working time?
In a recent judgment, Ville de Nivelles v Rudy Matzak, decided on the 21 st February 2018, the Court of Justice of the European Union tackled the issue of 'working time' in terms of Directive 2003/88/EC concerning certain aspects of the organisation of working time, and provided guidance as to when being on-call must be considered as 'working time' within the meaning of the Directive, even if the worker is at home. Rudy Matzak was a volunteer firefighter serving at Nivelles' fire station. One of the conditions of service was that during periods of stand-by, fire-f...
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