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Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case Employment and Industrial Relations

Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case

In the judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior Jurisdiction) delved into the issue of what constitutes a transfer within the meaning of the Transfer of Business (Protection of Employment) Regulations and article 38 of the Employment and Industrial Relations Act. The case in question was initiated by a claim filed before the Industrial Tribunal by Antoinette Farrugia ('claimant') who was employed with Optical (CCSG) Company Limited ("Optical") on an indefinite basis. On the 8th of December…
Kirk Brincau
9th October 2018
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Getting the Deal Through: Dispute Resolution 2018 News

Getting the Deal Through: Dispute Resolution 2018

Following last year's participation in the online issue of "Dispute Resolution", an annual comparative law guide published by Getting the Deal Through, Mamo TCV was invited to contribute the Malta chapter to both the printed and online 2018 editions of this publication.Getting the Deal Through was the first legal series to present the concept of a "question and answer format", a particularly convenient way to compare how different jurisdictions regulate the same practice area. The guides are particularly useful for law firms, universities, regulators, and corporate counsel as a reliable introduction to various subject matters. The series now covers 109…
Joseph Camilleri
2nd October 2018
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Getting the Deal Through: Dispute Resolution 2018 News

Getting the Deal Through: Dispute Resolution 2018

Following last year's participation in the online issue of "Dispute Resolution", an annual comparative law guide published by Getting the Deal Through, Mamo TCV was invited to contribute the Malta chapter to both the printed and online 2018 editions of this publication.Getting the Deal Through was the first legal series to present the concept of a "question and answer format", a particularly convenient way to compare how different jurisdictions regulate the same practice area. The guides are particularly useful for law firms, universities, regulators, and corporate counsel as a reliable introduction to various subject matters. The series now covers 109…
Joseph Camilleri
2nd October 2018
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Proposal to Establish New Building and Construction Regulator Real Estate & Construction

Proposal to Establish New Building and Construction Regulator

This article was written by Dorita Cardona and Joshua ChircopThe Ministry for Transport, Infrastructure and Capital Projects has published a White Paper proposing the setting up of a Building and Construction Regulator ("the Regulator"), as part of a reorganisation project of the building industry. The RegulatorIt is proposed that the Regulator will be responsible for harmonising and consolidating current work practices, standards, procedures, regulations and laws currently governing the industry under a single piece of legislation, which will consequently be brought before Parliament as a Bill. The Minister responsible for Infrastructure, under whose authority the Regulator shall lie, has appointed…
Dorita Cardona
1st October 2018
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Proposal to Establish New Building and Construction Regulator Real Estate & Construction

Proposal to Establish New Building and Construction Regulator

This article was written by Dorita Cardona and Joshua ChircopThe Ministry for Transport, Infrastructure and Capital Projects has published a White Paper proposing the setting up of a Building and Construction Regulator ("the Regulator"), as part of a reorganisation project of the building industry. The RegulatorIt is proposed that the Regulator will be responsible for harmonising and consolidating current work practices, standards, procedures, regulations and laws currently governing the industry under a single piece of legislation, which will consequently be brought before Parliament as a Bill. The Minister responsible for Infrastructure, under whose authority the Regulator shall lie, has appointed…
Dorita Cardona
1st October 2018
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MFSA Issues Guidance on the Charging of Negative Interest Banking & FinanceNews

MFSA Issues Guidance on the Charging of Negative Interest

The MFSA has issued a circular addressed to credit institutions licensed in terms of the Banking Act, 1994, whereby, following consultation with the Central Bank of Malta, it expressly prohibits the imposition of negative interest rates on Euro denominated deposits. This stops any emerging practice that may have been recently witnessed in the local banking sector.Credit institutions who have already entered into agreements entailing such negative interest rates, need to rectify their position within a 3-month transition period. Subject to certain conditions, a maintenance fee may be charged in case of excessively high balances.Click here to access The Circular. Disclaimer This document…
Roberta Peresso
28th September 2018