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Bullying at Work Employment and Industrial RelationsNews

Bullying at Work

This week (the week from Monday 16th November 2020 until the 20th November 2020) is anti-bullying week – a week meant to raise awareness against prejudice and bullying not only in schools but also at the workplace and cyber-bullying. Maltese employment law does not deal directly with bullying but with harassment, and this in connection with discriminatory treatment or with sexual harassment. Does this mean that unless there is discrimination involved, the employer is not bound to protect employees from bullying at work?The Advisory, Conciliation and Arbitration Service ('ACAS') in the UK defines bullying as behaviour from a person or…
Christine Calleja
17th November 2020
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Tenants’ Rights Safeguarded by Constitutional Court Litigation & Dispute ResolutionNews

Tenants’ Rights Safeguarded by Constitutional Court

Constitutional Court, Gerald Camilleri et vs Advocate General et, 6th October 2020The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from a previous title of emphyteusis. Notwithstanding the fact that the applicants were well aware of the tenants' rights and indeed…
Kirk Brincau
8th October 2020
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Court Judgment on Status of Employee 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
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Upcoming ‘Digital’ Laws: The Future Is Now NewsTelecoms, Media & Technology

Upcoming ‘Digital’ Laws: The Future Is Now

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past can offer certain insights, the online world…
Warren Ciantar
7th September 2020
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MRVP Update 2 ImmigrationNews

MRVP Update 2

L.N. 156 of 2020, entitled the Malta Residency Visa Agency (Establishment) (Amendment) Order, 2020 has come into force with the scope of introducing a new system of distribution of applicationsamongthe ApprovalsBoard.This has been done primarily to help with ensuring that each Approvals Board is assigned an equal number of cases, with the said assignment to be carried out by theChief ExecutiveOfficer of the Agency.An Approval Board shall be composed of a Chairperson and four (4) other members all appointed by the Minister responsible for the public administration.The members of the Approvals Board shall upon appointment, hold officeforaperiodofthree(3)years,and may be re-appointed,…
MamoTCV
30th April 2020
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MRVA Update ImmigrationNews

MRVA Update

The Malta Residency Visa Agency (MRVA) will be moving into new premises with its first day of operations from the new offices being Monday 4th May, 2020. The MRVA's new offices will be located at:Malta Residency Visa Agency Zentrum Business Centre Mdina Road, Qormi QRM 9010, Malta. This move is in keeping with the Agency's efforts to offer the best possible services to its Agents and applicants. Covid-19 measures remain in place and the same system of depositing files and documents will still stand. Naturally one must expect that some delays in communication and processing will be experienced while the…
MamoTCV
30th April 2020