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Employment and Industrial Relations

Industrial Tribunal Finds in Favour of Employee in an Unfair Dismissal Case Employment and Industrial Relations

Industrial Tribunal Finds in Favour of Employee in an Unfair Dismissal Case

In the Industrial Tribunal case with number 3945/CC, the applicant, a Chief Operating Officer and Director, engaged with Amicorp Fund Services Malta Ltd, was dismissed by means of a letter of termination due to the fact that, according to the defendant company, he was not properly performing his functions. The Tribunal commented that the case was a particular one since it dealt with senior management, in which cases usually an amicable termination is arrived at. The Tribunal also noted that in the termination letter, no reason for termination had been indicated. Moreover, it had not been proven that prior to…
Christine Calleja
17th May 2023
Mamo TCV Advocates
Court of Appeal Overturns Industrial Tribunal Decision in a Case of Unfair Dismissal Employment and Industrial Relations

Court of Appeal Overturns Industrial Tribunal Decision in a Case of Unfair Dismissal

In the Industrial Tribunal case of David Magro v HSBC Bank Malta plc, the applicant alleged that he had been unfairly dismissed when the defendant bank had not accepted to renew his career break, resulting in his employment being terminated. The applicant had been granted such a renewal for several years but had agreed with the Bank that the last renewal would be final, and that by a specific date, he had to either resign or return to perform his duties with the Bank. Notwithstanding this agreement, the applicant applied once again for another extension which was refused by the…
Christine Calleja and Erika Azzopardi Taliana
10th May 2023
Amendments to Probationary Periods in Employment
New Rules on Probation and Fixed Term Contracts of Employment Employment and Industrial Relations

New Rules on Probation and Fixed Term Contracts of Employment

On the 20th of December 2022, various amendments (and clarifications) to the Employment and Industrial Relations Act (Chapter 452) came into force, mainly relating to the probationary period applicable to fixed term contracts and the duration of fixed term contracts. By means of the amendments: In the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period. A fixed term contract cannot be shorter than six months unless there is an objective reason based on precise circumstances which needs to be listed…
Christine Calleja
26th December 2022
Platform worker
New Legal Notice on Digital Platform Work Employment and Industrial RelationsLegal Updates

New Legal Notice on Digital Platform Work

The Covid-19 pandemic has played an important role in shaping labour markets by accelerating the growth of digital labour platforms which have in turn brought a number of challenges. These include issues in determining the correct employment status of workers performing platform work leading to inadequate access to basic labour and employment rights, lack of fairness, transparency and accountability in algorithmic management and, difficulties in enforcement and lack of traceability by the authorities. In Malta, these issues were being particularly felt within the sector of the delivery of consumer products. This prompted a national debate on the need to introduce…
Mamo TCV Advocates
24th October 2022
The Transparent and Predictable Working Conditions Regulations came into force on the 21st October 2022
New Rules on the Information to be Provided to Employees Employment and Industrial RelationsLegal Updates

New Rules on the Information to be Provided to Employees

The Transparent and Predictable Working Conditions Regulations came into force last Friday, the 21st October 2022, implementing the Transparent and Predictable Workings Conditions Directive (2019/1152). The Regulations lay down minimum requirements on the working conditions applicable to every worker in the European Union who has an employment contract or relationship. The Regulations set out a longer list of information to be provided to employees, building on the list which already existed under the Information to Employees Regulations. Specific information is to be provided to employees who are outworkers and employees who are required to work outside of Malta for a…
Mamo TCV Advocates
24th October 2022