Sep
16

No Discrimination When the Employer Pursues a Genuine Occupational Need

News_afs
This article was written by​ Dr Christine Calleja & Tessa Borg Bartolo A landmark judgment of the Court of Justice of the European Union ('the CJEU') in joined cases C-804/18 and C-341/19 was decided on the 15 th July 2021 relating to the employer's ability to enforce certain conditions on employees in order to present a neutral image at the workplace. The facts of the cases involved individuals in Germany who were instructed by their respective employers not to wear the traditional Islamic headscarf (hijab) at their place of work. After the decisions of ...
Continue reading
  534 Hits
0 Comments
534 Hits
  0 Comments
Feb
19

Ex-employee of the St John Co-Cathedral Foundation awarded €23,000 in damages for unfair dismissal

News_HMR
An ex-employee of the St John's Co-Cathedral Foundation instituted proceedings before the Industrial Tribunal seeking compensation for unfair dismissal. The defendant Foundation argued that the ex-employee had committed several breaches throughout the years and that the final action of insubordination on his part had left the Foundation with no option other than to summarily dismiss him. The Tribunal commented that whilst the defendant had argued that the ex-employee had committed several abusive practices, its reaction towards such alleged abuses had always been ...
Continue reading
  1680 Hits
0 Comments
1680 Hits
  0 Comments
Nov
17

Bullying at Work

News_OBL
This week (the week from Monday 16 th November 2020 until the 20 th November 2020) is anti-bullying week – a week meant to raise awareness against prejudice and bullying not only in schools but also at the workplace and cyber-bullying. Maltese employment law does not deal directly with bullying but with harassment, and this in connection with discriminatory treatment or with sexual harassment. Does this mean that unless there is discrimination involved, the employer is not bound to protect employees from bullying at work? The Advisory, Conciliation and Arbitration...
Continue reading
  2136 Hits
0 Comments
2136 Hits
  0 Comments
Oct
02

Court Judgment on Status of Employee

News_Sig
In a judgment delivered on the 30 th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment. The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated ...
Continue reading
  2358 Hits
0 Comments
2358 Hits
  0 Comments
Jul
10

How far should the employer go to provide alternative employment in case of health problems?

News_BSU
In a judgment delivered on the 1 st July 2020 (case number 83/2019LM), the Court of Appeal considered the requirements of constructive dismissal. An ex-employee claimed that he had been forced to resign from his employment due to health problems which did not allow him to continue his job. Through his trade union, the employee requested the employer to provide him with alternative employment, but the company replied that none was available. After exhausting all his sick leave and a further period of unpaid leave, he decided to terminate his employment. The Tribuna...
Continue reading
  2151 Hits
0 Comments
2151 Hits
  0 Comments