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Can an Employer Dismiss an Employee for Incapacity to Work Due to Illness? Employment and Industrial Relations

Can an Employer Dismiss an Employee for Incapacity to Work Due to Illness?

An employee had been allowed to work from home because of a medical condition, and this following his doctor's recommendation. After a period of time with this arrangement, the company ultimately decided to withdraw its approval and requested that the employee reports to work at its official premises. The employee refused, and his employment was terminated. Consequently, the employee instituted proceedings before the Industrial Tribunal, claiming unfair dismissal and discrimination because of his disability. In its decision of the 5th December 2018, the Tribunal started by commenting that the right to work from home (telework) is not an absolute right…
Christine Calleja
10th December 2018
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What Happens to Unused Vacation Leave? Employment and Industrial Relations

What Happens to Unused Vacation Leave?

In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled, as sole heirs, to demand from their spouses' previous employers an allowance in lieu of annual leave which had not been availed of by their spouses. The Court ruled that the worker's right to paid annual leave, which it emphasised constitutes an essential principle of EU social law, does not terminate upon his death. The reason for termination of the employment relationship is not relevant as regards the entitlement…
Christine Calleja
7th December 2018
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What Happens to Unused Vacation Leave? Employment and Industrial Relations

What Happens to Unused Vacation Leave?

In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled, as sole heirs, to demand from their spouses' previous employers an allowance in lieu of annual leave which had not been availed of by their spouses. The Court ruled that the worker's right to paid annual leave, which it emphasised constitutes an essential principle of EU social law, does not terminate upon his death. The reason for termination of the employment relationship is not relevant as regards the entitlement…
Christine Calleja
7th December 2018
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MAMO TCV Advocates to Moderate Panel at SiGMA Conference on Blockchain on the 28 November 2018 Telecoms, Media & Technology

MAMO TCV Advocates to Moderate Panel at SiGMA Conference on Blockchain on the 28 November 2018

Dr Christina Scicluna, Senior Associate at MAMO TCV Advocates, will be moderating a panel of industry experts analysing the pros and cons associated with investing in companies utilising Blockchain technologies. The panel will be composed of investors and techies who truly believe in Blockchain's revolutionary potential.For further details on the conference kindly click here.Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Christina Scicluna.
Ian Busuttil
26th November 2018
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MAMO TCV Advocates to Moderate Panel at SiGMA Conference on Blockchain on the 28 November 2018 Telecoms, Media & Technology

MAMO TCV Advocates to Moderate Panel at SiGMA Conference on Blockchain on the 28 November 2018

Dr Christina Scicluna, Senior Associate at MAMO TCV Advocates, will be moderating a panel of industry experts analysing the pros and cons associated with investing in companies utilising Blockchain technologies. The panel will be composed of investors and techies who truly believe in Blockchain's revolutionary potential.For further details on the conference kindly click here.Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Christina Scicluna.
Ian Busuttil
26th November 2018
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European Commission Proposals in the area of Employment Law Employment and Industrial Relations

European Commission Proposals in the area of Employment Law

Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member States on the application of EU law concerning labour mobility. A legislative proposal was presented in March 2018 and it is…
Christine Calleja
21st November 2018