Dec
16

Industrial Tribunal to have jurisdiction in case of termination of fixed term employment contracts

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In the case of Waldemar Galea v l-Universita' ta' Malta, decided by the Court of Appeal on the 25 th January 2019, it was held that due to the wording of the law in Chapter 452 (the Employment and Industrial Relations Act), cases of alleged unfair termination of fixed term employment contracts had to be decided by the normal civil courts and not by the Industrial Tribunal. Act LVIII of 2020, published on the 11 th December 2020, now establishes that the definition of 'unfair dismissal' in the Act includes also the termination by the employer of a fixed term employ...
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Oct
02

Court Judgment on Status of Employee

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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 ...
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Sep
11

Malta Travel – Covid-19 - Amber list update

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As from midnight of Friday 11th September 2020, a ll Paris Airports and Marseille Airport will be included on the Amber List. Therefore, as from the above-mentioned date, Malta's Amber List will include the following countries: ​ Czech Republic, France (all Paris Airports and Marseille Airport), Romania, Spain (Barcelona, Girona and Madrid), Tunisia. Before boarding flights to Malta, any passenger departing from the above-mentioned countries/airports shall be required to submit a negative COVID-19 Polymerase Chain Reaction (PCR) test, which must have been carried ...
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2490 Hits
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Jul
31

Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws

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This article was written by Michael E. Camilleri & Ilenia Agius In a judgment delivered on 20 th July 2020, the Constitutional Court ordered the State Advocate to pay €250,000 in damages, including moral damages, to the landlords of a property in The Strand, Sliema. The property in question was initially acquired in 1919 by title of temporary emphyteusis which is to expire in 2028. In 1976 the emphyteuta leased the property at an annual rent of Lm4,000 subject to an increase of 5% every five years. The parties had also agreed to enter into a new leas...
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1436 Hits
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Jul
22

Maltese Diplomatic Missions Remain Closed

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With the publication of L.N. 255 of 2020, which came into effect on the 15 th of July, 2020, the travel to and from Malta was permitted from the countries listed here . Additionally, Identity Malta has also re-opened its services and shall be accepting new Single Permit applications as of the 3 rd of August, 2020. However, although it is now permissible to travel to and from Malta, none of Malta's Diplomatic missions or foreign representations are processing any visa applications. Therefore for nationals of those countries considered 'Safe-Zone', which do not have...
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