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EU Work-Life Balance Directive (2019/1158) to be adopted soon Employment and Industrial Relations

EU Work-Life Balance Directive (2019/1158) to be adopted soon

The Commission’s withdrawal of the Maternity Leave Directive which had not made any legislative progress since 2008, paved the way for an innovative and comprehensive outlook on tackling the lack of female representation in employment. Such approach centres around the Work-Life Balance Initiative which constitutes one of the outcomes of the European Pillar of Social Rights. Whilst considering the changes in society over the years, this initiative ensures a fairer division of responsibilities between males and females, with the aim of supporting working parents and carers. As part of the process of modernising the existing regulatory framework, the Work-Life Balance…
Klara Cachia
13th July 2022
Court Rejects Moral Damages and Permanent Psychological Disability Claims Litigation & Dispute Resolution

Court Rejects Moral Damages and Permanent Psychological Disability Claims

In a judgment delivered on the 28th of June 2022 in the names of Rapa et vs Chircop et, sworn application number 886/2018, the First Hall Civil Court was tasked with apportioning responsibility and liquidating damages consequent to a traffic accident which occurred between the car driven by the defendant Chircop and the pedestrian Rapa who had passed away as a result of the accident. In a rare decision, responsibility was not totally allocated to the driver of the vehicle. The Court analysed the CCTV footage which captured the accident as well as various witness testimonies including experts appointed to…
Kirk Brincau
8th July 2022
Malta Business Registry issues advice on adequate electronic mail address Company LawLegal Updates

Malta Business Registry issues advice on adequate electronic mail address

On the 6th July, the Malta Business Registry (MBR) issued a circular advising all companies registered in Malta to provide it with an adequate electronic mail address in terms of the legal requirement emanating from Act LX of 2021 by not later than 30th September, 2022. In addition to it being a legal requirement, providing an electronic mail address ensures the timely service of correspondence to company officers. Moreover, shifting to electronic communication is one of the MBR’s intiatives towards limiting paper-format correspondence as part of local and EU-wide measures related with the European Green Deal. In order to fully…
MamoTCV Advocates
6th July 2022
Mamo TCV participating in Malta Superyacht Symposium NewsShipping, Yachting and Transport

Mamo TCV participating in Malta Superyacht Symposium

Dr Nicholas Valenzia, Dr Ingrid Fenech and Ms Alexia Pollacco will be attending the Malta Superyacht Symposium, which will be held on the 6th and 7th July. This event is being organised by the Malta Chamber and the Malta Maritime Law Association with the aim of providing a platform for local professionals and stakeholders to discuss and analyse the Maltese superyacht industry together with the international yachting community. The speakers and attendees of the Malta Superyacht Symposium, coming from various sectors of the industry, will be debating innovative ways how to build on Malta’s position as a leading yachting jurisdiction,…
MamoTCV Advocates
4th July 2022
The importance of a correct notification in Court proceedings Litigation & Dispute Resolution

The importance of a correct notification in Court proceedings

Basic as it may seem, the notification process is of fundamental importance when instituting a Court case. This process can at times be used to attack the validity of a judgement and hence, one will certainly understand the importance of getting it right. All this featured in a Court of Appeal judgement, delivered on the 4th of May 2022 in the names Farrugia nomine vs BNF Bank plc (App. Ċiv. 410/19/1). The case concerned a Bank customer, who defaulted in the repayment of her loan facilities. As a result, the Bank called in the facilities and initiated legal proceedings to…
Kevin Cutajar
30th June 2022
Gavel hitting
Court of Appeal Confirms the Enforceability of a Post-termination of Employment Restrictive Clause Employment and Industrial Relations

Court of Appeal Confirms the Enforceability of a Post-termination of Employment Restrictive Clause

In a case decided on the 4th May 2022 (case number 524/14), the Court of Appeal held that a restriction contained in an employment contract which prevented an employee from soliciting or interfering or endeavouring to entice a customer away from the company after termination of employment, for a period of two years, could be enforced by the employer. The First Hall of the Civil Court had decided that since the clause was not restricted to customers with whom the employee had dealings with during his employment, then the clause was null. The Court of Appeal however decided that the…
Christine Calleja
30th June 2022