Insights

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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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Mamo TCV Advocates Joins WSG as the Exclusive Member Law-Firm for Malta Press Release

Mamo TCV Advocates Joins WSG as the Exclusive Member Law-Firm for Malta

Mamo TCV Advocates is pleased to announce that it has recently become the exclusive member law-firm for Malta of the World Services Group network (WSG). WSG is the leading global network comprised of elite top-ranked global practice firms. With over 120 member firms in 150 jurisdictions and 23,000 individual members, the network provides a proprietary platform for members to create relationships, expertise and new business opportunities to better serve their practice and clients. Through innovation, cutting-edge technology and best in class service, WSG continues to grow and expand globally as the premier network for clients. Commenting on this exciting new…
MamoTCV Advocates
12th November 2020
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Public Consultation on the Intersection Between Competition Law and Sustainability Policy Legal Updates

Public Consultation on the Intersection Between Competition Law and Sustainability Policy

The European Commission has published a call for contributions, which will run until 20 November, on how EU competition policy can best support the "Green Deal".The Green Deal is the EU's action plan intended to boost the efficient use of resources by moving to a clean, circular economy and to restore biodiversity and cut pollution.The main goal is for Europe to be the first climate neutral continent by 2050.The idea is that competition policy, although not the primary tool to combat climate change and protect the environment, can complement regulation in doing so.Short of any legislative changes to the existing…
MamoTCV Advocates
11th 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