Searching Content indexed under Employment and HR by Dr. Christine Calleja ordered by Published Date Descending.
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Court Enforces Restrictive Clause And Corresponding Penalty In An Employment Contract
In a judgment delivered on the 16th September 2019, the First Hall Civil Court examined the issue of restrictive covenants in an employment contract
8 Oct 2019
The New Work-Life Balance Directive
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
1 Aug 2019
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
7 May 2019
Beware Of ‘Positive Discriminatory' Measures
In a judgment delivered recently by the Court of Justice of the European Union, Austrian legislation was in the limelight.
14 Feb 2019
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
31 Jan 2019
Suspended Legal Notices Come Into Force With Some Amendments
In August of last year, four employment related legal notices came into force but were shortly 'suspended' following various objections from interested stakeholders.
17 Jan 2019
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.
13 Dec 2018
What Happens To Unused Vacation Leave?
In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled,
European Union
12 Dec 2018
European Commission Proposals In The Area Of Employment Law
Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers.
23 Nov 2018
No Accrual Of Annual Leave During Periods Of Unpaid Parental Leave According To The CJEU
The court concluded that a period of parental leave cannot be treated as a period of actual work for the purposes of determining the worker's entitlement to paid annual leave.
15 Nov 2018
Of Annual Leave, Payslips, Transfers Of Business And Temporary Agency Workers
On the 10th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein.
20 Aug 2018
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
7 Jun 2018
Harsher Penalties Introduced For Harassment And Victimisation At Work
By means of the amendments, harsher penalties were introduced in the case of harassment and victimisation in the employment context.
6 Jun 2018
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...
13 Apr 2018
Does ‘On-Call' Time Qualify As ‘Working Time?
In a recent judgment, Ville de Nivelles v Rudy Matzak, decided on the 21st February 2018...
28 Feb 2018
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.
2 Feb 2018
Protection Of Employment For Those On A Minimum Wage
In April of last year, mandatory supplements were introduced for those earning the minimum wage, (and for those who earn slightly more than the minimum wage but less than the new minimum wage with the €3 supplement), ...
1 Feb 2018
Sexual Harassment And Discrimination At The Forefront Of The News
The topic of discrimination and harassment featured prominently in last week's international news. BBC's former China editor, Carrie Grace, resigned from her post claiming pay discrimination based...
1 Feb 2018
€350,000 In Damages For Breaching Fiduciary Obligations
In the recent judgment of M.A.I.N. Services Limited et v Albert Galea et (case 1246/07 JZM) delivered on the 28th September 2017, the Court examined in quite extensive detail the nature and the effects of fiduciary duties.
31 Jan 2018
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.
31 Jan 2018
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