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  • Article

    Employees Beware Of What You Post On Facebook!

    An employee of an Italian business posted a derogatory comment on Facebook about her employer, using her mobile phone, which read something along the lines of "I've had enough of this sh**** place", complaining about the ever-changing tasks being assigned to her
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Constructive Dismissal

    Dr. Christine Calleja recently delivered a three-hour seminar, organised by Society Education, on the topic of 'Constructive Dismissal'.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
Article

Employers, Beware Of Being Too Lenient, Tribunal Warns!

Most employers are aware of the importance of given warnings (and therefore a second or third chance) to employees prior to dismissal. However, this may sometimes backfire if it goes on for too long.
MaltaEmployment and HR
Mamo TCV Advocates
Mamo TCV Advocates
  • Article

    How Far Should The Employer Go To Provide Alternative Employment In Case Of Health Problems?

    In a judgment delivered on the 1st July 2020 (case number 83/2019LM), the Court of Appeal considered the requirements of constructive dismissal.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Can An Employee Appeal From The Amount Of Compensation Established By The Industrial Tribunal?

    Chapter 452 of the Laws of Malta limits the right of appeal of an aggrieved party in cases of unfair dismissal and other cases falling within the jurisdiction of the Industrial Tribunal
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Summary Dismissal Of Employees

    The Court noted that this was a case of a summary dismissal and that such dismissal is not the norm and should only be used where there is grave misconduct.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    Uncommonly High Damages Awarded By The Industrial Tribunal

    On the 5th December 2018, the Industrial Tribunal, in the case of Christopher Zammit Dimech vs Cherry Limited relating to unfair dismissal, awarded €20,000 as compensation for unfair dismissal and €10,000 as compensation...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    Vacation Leave Entitlement During ‘Time Out' In Case Of Reinstatement

    If this opinion is accepted by the ECJ, such a clarified position will be welcome under EU law.
    MaltaEmployment and HR
    Ganado Advocates
    Ganado Advocates
  • Article

    Dismissing Highly Sensitive Positioned Employees

    The Industrial Tribunal has recently declared justified the termination of employment of a security guard who left the area he was securing despite the fact that no other security guard had turned up...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    Ex-employee Of The St John Co-Cathedral Foundation Awarded €23,000 In Damages For Unfair Dismissal

    An ex-employee of the St John's Co-Cathedral Foundation instituted proceedings before the Industrial Tribunal seeking compensation for unfair dismissal.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    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.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Definite Employment Contracts And Recourse Before The Industrial Tribunal

    With the exception of fixed or definite term contracts, which have to date expired, workers who are wrongfully dismissed by their employer may now resort to the Tribunal.
    MaltaEmployment and HR
    Fenech Farrugia Fiott Legal (FFL)
    Fenech Farrugia Fiott Legal (FFL)
  • Article

    Pregnant Employee Dismissed During Probation

    Giada Mifsud Calabro has been awarded damages amounting to €10,846 by the Industrial Tribunal after the Tribunal decided in favour of the employee in a case against Union Print Company Limited.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    The Cost Of Neglect: Why Disciplinary Procedures Are Essential For Fair Dismissal

    The Industrial Tribunal's latest decision addresses the unfair dismissal of the Chief Operations Officer at the Malta Financial Services Authority (‘MFSA'). The case centres on the MFSA's...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    Termination Of Employment For Good And Sufficient Cause

    In the case of Joseph Saliba vs Imperial Hotel (Goldvest Company Limited), the facts of the case revolved around Mr Saliba.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    The Importance (Or Otherwise) Of Disciplinary Proceedings In Dismissal Cases

    In a recent judgment, James Buhagiar vs Jani Limited, delivered on the 26th January 2018, the Court of Appeal examined in quite some detail the issue of disciplinary proceedings in unfair dismissal cases.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    The War Of Rights – Employers Right To Query Employee Absence Vs The Right To Be Generally Fearful Of Covid-19

    The Maltese, as well as foreign courts, convey the message that, with regards to health and safety, employers are to provide a high standard of care towards their employees.
    MaltaEmployment and HR
    Ganado Advocates
    Ganado Advocates
  • Article

    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 which had found that the relationship between the applicant and the defendant company was not one of employment.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Jurisdiction Of The Industrial Tribunal In The Case Of Fixed Term Contracts Successfully Challenged

    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
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    €35,000 Awarded For Unfair Dismissal And Discrimination

    The Court of Appeal confirmed a compensatory sum awarded by the Industrial Tribunal to a British High Commission employee for unfair dismissal and discrimination.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Showing 1–20 of 63 results

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