Employment and Labour

On the 13th June 2019, the European Council adopted a Directive aimed at bridging the gap between males and females in the workforce by catering for possible flexible working arrangements for parents and carers. Each Member State will need to implement this Directive into their national law. The main features of the Directive are the following:Paternal Leave: The Directive introduces the right for fathers to avail themselves of not less than ten working days of paternal leave on the occasion of the birth of their child. This right to paternity leave is applicable without any prejudice to marital or family…

On the 13th June 2019, the European Council adopted a Directive aimed at bridging the gap between males and females in the workforce by catering for possible flexible working arrangements for parents and carers. Each Member State will need to implement this Directive into their national law. The main features of the Directive are the following:Paternal Leave: The Directive introduces the right for fathers to avail themselves of not less than ten working days of paternal leave on the occasion of the birth of their child. This right to paternity leave is applicable without any prejudice to marital or family…

In a judgment delivered recently by the Court of Justice of the European Union, Austrian legislation was in the limelight. A particular law provided that Good Friday was a paid public holiday for members of certain religious congregations only. If a member of such a congregation did work on that day, he was entitled to additional pay. Such an entitlement was not based on any condition that the employee in question had to perform a particular religious duty during that day. Therefore, the employee was free to choose how to spend his time during that day. The Court held that…

In a judgment delivered recently by the Court of Justice of the European Union, Austrian legislation was in the limelight. A particular law provided that Good Friday was a paid public holiday for members of certain religious congregations only. If a member of such a congregation did work on that day, he was entitled to additional pay. Such an entitlement was not based on any condition that the employee in question had to perform a particular religious duty during that day. Therefore, the employee was free to choose how to spend his time during that day. The Court held that…

By its judgment of the 25th of January 2019 in the names Galea vs. L-Università ta' Malta, the Court of Appeal decided that cases of termination of fixed term employment contracts do not fall within the Industrial Tribunal's competence. The Court considered Article 75(1) of the Employment and Industrial Relations Act (Cap. 452 of the laws of Malta), which lays down the jurisdiction of the Industrial Tribunal. The Court concluded that the Tribunal had no jurisdiction under sub-article (a) which speaks about 'alleged unfair dismissal' and this due to the fact that the Act's definition of "unjust dismissal" currently reads as…

By its judgment of the 25th of January 2019 in the names Galea vs. L-Università ta' Malta, the Court of Appeal decided that cases of termination of fixed term employment contracts do not fall within the Industrial Tribunal's competence. The Court considered Article 75(1) of the Employment and Industrial Relations Act (Cap. 452 of the laws of Malta), which lays down the jurisdiction of the Industrial Tribunal. The Court concluded that the Tribunal had no jurisdiction under sub-article (a) which speaks about 'alleged unfair dismissal' and this due to the fact that the Act's definition of "unjust dismissal" currently reads as…