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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

    Corporation Ordered To Pay €205,694, In Lieu Of Salaries And Repatriation Expenses

    Judge Padovani Grima ordered the Ladybug Corporation to pay the 22 crew members, the sum of €205,694, in lieu of salaries and repatriation expenses.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH 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

    Industrial Tribunal To Have Jurisdiction In Case Of Termination Of Fixed Term Employment

    In the case of Waldemar Galea v l-Universita' ta' Malta, decided by the Court of Appeal on the 25th January 2019, it was held that due to the wording of the law in Chapter 452
    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

    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

    Do Not Listen With Half An Ear On H&S Matters

    In a recent judgment Gibson vs Lothian Leisure (29.01.2021) the UK Employment Tribunal discussed and concluded that an employee (a chef) had been unfairly dismissed for raising concerns...
    MaltaEmployment and HR
    Ganado Advocates
    Ganado Advocates
  • Article

    Limiting post-termination of employment restraints?

    In a Court of Appeal judgment dated the 27th October 2017, in the names of Paul u martu Mariella Mizzi kif ezercenti l-kummerc that l-isem "The Foto Grafer" v David Serracino et, the court considered a clause in a contract which effectively bound an employee to his employer for a period of at least two years of employment, failing which the employee was liable to pay to the employer the sum of Lm10,000.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV 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

    Illegal Employment In Gozo

    The Court of Magistrates has recently decided a case which, has been brought by the police against two directors of a restaurant in Gozo.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    €28,000 In Damages For An Injury Sustained At Work

    When the incident occurred, Mr Micallef was seated next to a particular machine which is known as a stitcher.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    Employer Files Counter-Claim Against Ex-Employee Seeking Damages

    In the case of Brian Schembri v National Orchestra Limited, which is currently pending before the First Hall of the Civil Court, the ex-employee sued the employer for payment of three years' salary...
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    An Insight Into A Recent Case Decided By The Court Of Appeal In Terms Of ‘Discrimintaory Treatment' In Employment

    In a recent judgment delivered by the Court of Appeal (in its Inferior Jurisdiction) on the 16th June 2021, in the case of ‘Schembri Aften et vs. Playmobil Malta Limited'...
    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

    CSB Advocates, ELA, Promote Employment Law Webinar

    A free 90-minute webinar is being organised by the Employment Law Alliance on Wednesday, 21st January entitled "Year in Review: Key U.S. Labor and Employment Developments in 2014 and What to Expect in 2015."
    MaltaEmployment and HR
    CSB Group
    CSB Group
  • Article

    Does The Industrial Tribunal Law Breach Fair Hearing?

    This was held while the Court was ruling on two different cases filed by the General Workers' Union-GWU in 2008.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH 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
  • Article

    Employers Beware before 'Spying' on Employees!

    In a case decided last year, in the famous case of Barbulescu v Romania, the ECHR had found that there had been no breach of the employee's right to privacy when his employer dismissed him over private messages sent at work on the Yahoo messenger system set up by the same employer for work purposes.
    MaltaEmployment and HR
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Time Spent Travelling Is Working Time

    The European Court of Justice has recently ruled that time spent by tradesmen travelling between their home and their clients, has to be regarded as working time.
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates

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