Skip to main content
All Posts By

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.

News_Sig.png
Employment and Industrial RelationsNews

Court Judgment on Status of Employee

In a judgment delivered on the 30th 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 his contract simply by giving notice according to the contract, he was therefore allegedly…
Christine Calleja
2nd October 2020
News_BSU.png
Employment and Industrial Relations

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

In a judgment delivered on the 1st 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 Tribunal had decided that the employee had not resigned…
Christine Calleja
10th July 2020
News_BACI.png
Litigation & Dispute Resolution

It’s not always the driver’s fault!

In a judgment delivered on Friday 12th 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 road to cross the…
Christine Calleja
15th June 2020
News_carc.png
Litigation & Dispute Resolution

Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’

Is an insurer entitled to avoid paying third party victims of an accident in cases where the said insurer obtains a declaration from a Court that the policy which was issued in favour of the policy-holder is null and void under Chapter 104 of the Laws of Malta, or is an insurer still obliged to paythird parties in such cases as the insurer concerned under Subsidiary Legislation 403.13? This question was tackled by the Court of Appeal in the case Middlesea Insurance plc today Mapfre Middlesea plc vs Emanuel Ciantar et which was decided on the 27th March 2020.The Court…
Christine Calleja
6th April 2020
News_gsk1.png
COVID19 MeasuresEmployment and Industrial Relations

Covid 19 – Employment Measures

COVID 19 – Employment MeasuresThe coronavirus has started taken its toll on Maltese business with many employers, especially those in the tourism and entertainment industry, having to shut down their operations temporarily. This article addresses the main queries which are being asked by employers in view of the current situation. What is quarantine leave?On the 13th March 2020, Legal Notice 62 of 2020 (the Minimum Special Leave Entitlement (Amendment) Regulations) came into force to make provision for quarantine leave. Quarantine leave is defined as "leave to be granted to the employee without loss of wages in such cases where the…
Christine Calleja
16th March 2020
News_tfj.png
Employment and Industrial Relations

Employers, Beware of Being Too Lenient, Tribunal Warns!

Most employers are aware of the importance of given warnings (and therefore a second or third chance) to employees prior to dismissal. However, this may sometimes backfire if it goes on for too long.In an Industrial Tribunal case decided on the 19 February, 2020 (case number 3289/CC), the Tribunal considered that the employee in question had been warned several times about his behavior and mistakes, however, according to the Tribunal, the management had not shown a strong position that repetition of similar behavior could lead to termination of employment. The nearly indulgent behavior of the company over a period of…
Christine Calleja
20th February 2020