Jul
10

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

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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...
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Jul
10

Iconic Ferrari 250 GTO Trademark (Partially) Cancelled

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" Cancellation Division considers that genuine use of the contested EUTM has been sufficiently demonstrated for the relevant factors in relation to toy vehicles, scale-model vehicles, whereas no use of the mark or proper reasons for non-use have been demonstrated in relation to any of the other goods for which it is registered . " Hardcore car enthusiasts (or just casual followers of the Top Gear series) know that the Ferrari 250 GTO is the holy grail of the automotive world – a car so valuable and revered that Jeremy Clarkson himself was denied the privilege of d...
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Jul
05

Amendments to the Companies Act

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This article was written by Dr Michael Psaila and Dr Joshua Chircop Overview On the 23 rd June 2020, the President, on the advice and with the consent of the House of Representatives, enacted the Companies (Amendment) Act , Act number XXXI of 2020 (the "Amendment Act"), which introduces certain amendments to the Companies Act , Chapter 386 of the Laws of Malta (the "Act"). The Companies (Amendment) Bill (the "Bill") was previously tabled before the House of Representatives by the Minister for the Economy, Investment and Small Businesses on the 13 th May 2020. This...
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Jun
17

Extension of State Aid to Small and Start-up Companies has been Proposed

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This article was written by Dr Michael Psaila and Dr Laura Spiteri On the 12 June 2020, the European Commission sent a draft proposal to Member States, purporting to further extend the scope of the State Aid Temporary Framework (the 'Framework') that was initially put into effect on the 19 March 2020, for feedback. The European Commission had issued the Framework with the aim of supporting the economy in these unprecedented times. This latest proposed amendment to the Framework has the aim of supporting micro and small enterprises, including start-ups, and providi...
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Jun
15

It’s not always the driver’s fault!

News_BACI
In a judgment delivered on Friday 12 th June 2020, the Civil Court, First Hall (the 'Court') found that a pedestrian was solely responsible for a traffic accident, as a result of which the same pedestrian had died. A third party witness had given evidence in the criminal proceedings instituted against the driver of the vehicle involved in the accident, stating that he had seen the pedestrian crossing 4 to 5 feet away from the pedestrian crossings and whilst the traffic lights were red for pedestrians. The victim had also managed to pass through barriers in the roa...
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