Category

Employment and Industrial Relations

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
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
Mamo TCV - Court Finds Employer Not Responsible for Employee’s Injury
Court Finds Employer Not Responsible for Employee’s Injury Employment and Industrial Relations

Court Finds Employer Not Responsible for Employee’s Injury

In the case with number 609/2018 TA decided on the 29th of September 2022, the employee was alleging that he had suffered an injury whilst performing his duties as a gardener. The defendant company employing the plaintiff rejected responsibility for this alleged incident. The court commented that in these cases, whilst the employee is considered as the vulnerable party, a causal link needs to exist between the event giving rise to damages and the act or omission of the employer. Under the Maltese legal system, there is no objective responsibility placed upon the employer. It is the employee who must…
Christine Calleja
7th October 2022
Attending an Online meeting
Employment Issues – A Virtual Conference by Society Education Employment and Industrial RelationsWebinars

Employment Issues – A Virtual Conference by Society Education

Society Education shall once again be organising the yearly employment law seminar, which shall be held online on the 25th and 28th of October. Dr Christine Calleja and Dr Erika Taliana, from the firm’s employment law department, and Dr Warren Ciantar, from the Data Protection and Privacy Department, shall be participating in this year’s seminar with the following topics: data processing in employment; occupational health and safety and whistleblowing legislation. The seminar will be moderated by Dr Christine Calleja. Registration can be done via Society Education’s website.
Mamo TCV Advocates
19th September 2022