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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Feb
17

Discrimination and Harassment at the Workplace

Discrimination and Harassment at the Workplace
Dr. Christine Calleja shall be delivering a three-hour presentation, organised by Society Education, on the topic of discrimination and harassment at work. The seminar will give a general overview of Maltese anti-discrimination laws in the field of employment law which are currently in place. The topics of sexual harassment and equal pay will also be examined, together with various case-law related to this topic. The seminar is to be held on Thursday the 22 nd February 2018.  Disclaimer This document does not purport to give legal, financial or tax advice. Sh...
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Feb
01

The importance (or otherwise) of disciplinary proceedings in dismissal cases

The importance (or otherwise) of disciplinary proceedings in dismissal cases
In a recent judgment, James Buhagiar vs Jani Limited, delivered on the 26 th January 2018, the Court of Appeal examined in quite some detail the issue of disciplinary proceedings in unfair dismissal cases. The employee had been dismissed following an accusation of theft. The disciplinary procedures in the employment contract had been ignored. On the basis of this, the Industrial Tribunal had concluded that the dismissal was in violation of the right to a fair hearing and of the employment conditions. The Tribunal ordered the employer to reinstate the employee in h...
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Jan
17

Sexual Harassment and Discrimination at the Forefront of the News

Sexual Harassment and Discrimination at the Forefront of the News
The topic of discrimination and harassment featured prominently in last week's international news. BBC's former China editor, Carrie Grace, resigned from her post claiming pay discrimination based on gender, giving rise to the #IStandWithCarrie solidarity campaign. Meanwhile in Hollywood, during the Golden Globes, actresses wore black to take a stand against sexual harassment following the Harvey Weinstein scandal, in connection with the Time's Up movement. Locally, in an article published by the Times on the 12th January, it results that three out of every four w...
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Jan
08

Protection of Employment for those on a minimum wage.

Protection of Employment for those on a minimum wage.
In April of last year, mandatory supplements were introduced for those earning the minimum wage, (and for those who earn slightly more than the minimum wage but less than the new minimum wage with the €3 supplement), by means of amendments to the National Minimum Wage National Standard Order (S.L. 452.71). The supplements are to be paid weekly upon completion of the first year of employment and another supplement is to be paid upon completion of the second year of employment. What is interesting to note is proviso (5) to regulation 4 of the Standard Order which ef...
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