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Christine Calleja

Christine Calleja is a senior associate of the firm working in the employment law department. She has assisted various local and international companies in human resources matters, such as contract drafting, unfair dismissal claims, transfers of business and collective redundancies, as well as represented clients before the Maltese Industrial Tribunal and courts. Christine has also participated in educational seminars organised for the human resources industry as lecturer in this field.

Furthermore, forming part of the litigation team, Christine specialises in insurance claims, representing a major insurance company in Malta and also individual claimaints in insurance related matters.

Right to compensation on termination of a directorship Employment and Industrial Relations

Right to compensation on termination of a directorship

In a judgment delivered on the 4th of April 2022 (case number 108/2019), the Civil Court, First Hall, was required to delve into issues of company law, employment law and contract. The focal point of this judgment was the Director's Service Agreement entered into by the plaintiff, a natural person, and the defendant companies by which agreement the plaintiff was entrusted with the management of the defendant companies as director, head of the institution and chief financial officer. The issue that arose related to the interpretation of the contractual clauses which provided for the termination of the contractual relationship. The…
Christine Calleja
12th April 2022
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The importance of disciplinary proceedings prior to dismissal Employment and Industrial Relations

The importance of disciplinary proceedings prior to dismissal

In a decision delivered on the 23rd of March 2022, case number 3833/CC, the Industrial Tribunal emphasised the importance of disciplinary proceedings in termination of employment cases. The employee had been dismissed on the spot following an argument with one of the company's directors. The Tribunal stated that in cases where the accusations against the employee will lead to the termination of employment, the principle of 'audi alteram parte' should always be respected and that thereby the employee should be given an opportunity to defend his position. There may be cases where an immediate dismissal, without there being any proceedings,…
Christine Calleja
24th March 2022
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Reinstatement of Employee after Finding of Unfair Dismissal Employment and Industrial Relations

Reinstatement of Employee after Finding of Unfair Dismissal

This article was written by​ Dr Christine Calleja and Tessa Borg Bartolo​In a recent judgment, 67/2020 LM, the Court of Appeal dealt with a case where an employee was claiming to have been unfairly dismissed by his employer on account of a medical condition - Obstructive Sleep Apnoea. The employee had been diagnosed with this condition by a professional in the field after multiple warnings were given to him by his employer in this regard. The employer had brought to his attention the numerous occasions in which he was found sleeping while at work, as well as other instances in…
Christine Calleja
3rd December 2021
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No Discrimination When the Employer Pursues a Genuine Occupational Need Employment and Industrial Relations

No Discrimination When the Employer Pursues a Genuine Occupational Need

This article was written by​ Dr Christine Calleja & Tessa Borg BartoloA 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 15th 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 the local German courts were delivered, a preliminary ruling…
Christine Calleja
16th September 2021
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Ex-employee of the St John Co-Cathedral Foundation awarded €23,000 in damages for unfair dismissal Employment and Industrial Relations

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

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 lenient. A point worth mentioning is the fact that the disciplinary board which had been set up to…
Christine Calleja
19th February 2021
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Industrial Tribunal to have jurisdiction in case of termination of fixed term employment contracts Employment and Industrial Relations

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

In the case of Waldemar Galea v l-Universita' ta' Malta, decided by the Court of Appeal on the 25th 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 11th December 2020, now establishes that the definition of 'unfair dismissal' in the Act includes also the termination by the employer of a fixed term employment contract (except…
Christine Calleja
16th December 2020