08:45 | Registration & Welcome Coffee Break
09:00 | An Introduction to Employment Issues
Dr Christine Calleja | Senior Associate, MAMO TCV Advocates
09:05 | Employment Law Updates
Dr Edward Mizzi | Associate, Camilleri Preziosi Advocates
This session will cover recent updates to the Employment and Industrial Relations Act and other subsidiary legislation which have been introduced over the last year, with the aim of providing a practical guide for employers to follow.
10:05 | Court Judgements Related to Employment
Dr Kirk Brincau | Associate, MAMO TCV Advocates
This presentation will endeavour to provide a short overview of some of the most recent employment-related judgments which have been delivered by Maltese courts and tribunals as well as by the Court of Justice of the European Union.
11:05 | Mid-Morning Coffee Break
11:20 | Relocation to Malta – Immigration Laws Implications
Dr Sarah J Rausi | Senior Associate, Fenech & Fenech Advocates
The Immigration Act, Chapter 217 of the laws of Malta regulates primarily the entry into, permanence in and exit from Malta of non-Maltese nationals. It also provides for the need for an Employment Licence, also known as Work Permit, and in this regard, foreign nationals seeking to work in Malta, with the exception of EU / EEA / Swiss citizens and their third-country national family members, require an employment licence. This session aims to provide its participants with a general overview of the provisions of the relevant laws together with a better understanding of the procedures which kick in on a practical level from a Jobsplus and Department of Citizenship and Expatriate Affairs (DCEA) point of view. Moreover, we will also look into the Residence Programmes which are currently available to both EU / EEA / Swiss nationals and non – EU / EEA / Swiss nationals and the Malta tax implications which said programmes will bring about vis-a’-vis its beneficiaries.
12:05 | Occupational Health & safety
Dr Christine Calleja | Senior Associate, MAMO TCV Advocates
Breaches of occupational health and safety legislation can have serious legal consequences on the employer and its officers. This presentation will give a general overview of the applicable Maltese occupational health and safety laws. The main principles which emerge from relevant case law will also be discussed during this presentation.
12:50 | Working Lunch
13:50 | GDPR in Employment
Dr Warren Ciantar | Associate, MAMO TCV Advocates
This presentation shall explore the obligations imposed on employers as well as the new and/or revamped rights which employees have under the new GDPR data protection regime.
14:35 | The Concept of Constructive Dismissal
Dr Robert Attard | Partner, EY
The seminar will discuss the concept of constructive dismissal as recently interpreted in Case 3587/JHP delivered on 15 July 2019.
15:20 | Mid-Afternoon Coffee Break
15:35 | Discrimination and Sexual Harassment at the Work Place
Dr Lara Pace | Associate, Ganado Advocates
The recent #metoo revelations have led to more discussions of sexual harassment at the workplace. This part of the seminar will deal with recent case law on sexual harassment and will also focus on how employers should deal with sexual harassment at the workplace. In addition to this, we shall also discuss the more delicate aspects of sexual harassment, such as when this happens out of the workplace or during an event organised by the employer. With respect to discrimination, participants will be given an update of recent case law on this matter with special focus on recent trends of discrimination issues.
16:35 | Close of Conference & Distribution of Attendance Certificates
Dr Christine Calleja graduated in 2011 from the University of Malta and has been employed with Mamo TCV Advocates in the firm’s employment law department since then, being involved in contract drafting and reviewing, as well as representing clients in contentious matters in the local courts and tribunals. Both her doctor of laws and master of laws theses focus on employment law, particularly, constructive dismissal and the application of the transfer of undertakings (the Acquired Rights) Directive.
Dr Edward Mizzi graduated as Doctor of Laws at the University of Malta in 2013 and has since been an associate lawyer at Camilleri Preziosi Advocates. Together with Dr Marisa Vella and Dr Ron Galea Cavallazzi, Edward heads the Employment Law practice area while also forming part of Regulatory, EU and Litigation practice group within the firm.
Edward’s main professional focus has been on employment law and litigation, representing major players in the market from both the private and public sector before the courts and tribunals, principally in the areas of employment, civil and commercial law. In addition to his work relating to employment law and dispute resolution, Edward’s other main areas of work include advising on data protection law, civil and commercial law particularly on commercial contracts, as well as law relating to tourism and hospitality and real estate and construction.
Dr Kirk Brincau graduated from the University of Malta with a Doctor of Laws in 2016 and is an associate at Mamo TCV Advocates. He currently works in the firm’s litigation and employment law departments and regularly represents clients in inferior courts, boards, tribunals and the superior courts of Malta.
Dr. Sarah Rausi graduated as Doctor of Laws from the Faculty of Laws, University of Malta in 2009. Admitted to the bar in 2010, she has practised in various areas and received exposure to diverse sectors of the law. She has successfully completed all study-units for the Masters in Financial Services and has also obtained the Malta Institute of Taxation Diploma in Taxation. In 2011 she joined ‘Fenech and Fenech Advocates’ with her main areas of practice being tax and other related matters including corporate tax, indirect tax, personal tax, international tax planning and tax litigation. She has written a number of articles on the direct and indirect taxation topics which have been published in international journals as well as local journals and newspapers. In the professional field she is subscribed as a member with the Malta Chamber of Advocates, the Malta Institute of Taxation and the Institute of Financial Services Practitioners.
Dr Warren Ciantar graduated as a Doctor of Laws in 2016. Warren joined Mamo TCV as a trainee in 2012, during which he garnered experience in various fields, including litigation, civil law, corporate law, data protection and intellectual property law. He joined the firm as an associate in 2016 following a three month traineeship with the European Parliament in Luxembourg where he worked as a Trainee Translator with DG Trad.
He graduated as a Master of Laws in 2018, where he focused on IT law, Electronic Commerce law and Intellectual Property law and submitted his thesis titled ‘The Impact of the General Data Protection Regulation on the Maltese Supervisory Authority’.
Warren’s main areas of practice include data protection and intellectual property law, while also carrying out work in other sectors including general commercial law.
Dr Robert Attard is Partner and Tax Policy Leader, EY, Central & South East Europe, a tenured senior lecturer at the University of Malta, a fellow of GREIT and member of the European Association of Tax Law Professors. In the IBFD’s 2015-2017 General Report on the Protection of Taxpayers’ Rights he was described as a well-known authority broadly experienced in the practical protection of taxpayers’ rights and a prominent member of the legal practice. Having served as a panellist at the 2015 IFA Congress he forms part of a study group of the International Law Association on the “Protection of Taxpayers’ Rights” (co-chaired by Advocate General Juliane Kokott and Pasquale Pistone) and is also a member of the Supervisory Council of the IBFD/IFA’s “Observatory on the Protection of Taxpayers’ Rights”. He has served as Visiting Professor at the University of Ferrara paying lecturing/speaking visits at Queen Mary (University of London), CTL (University of Cambridge), Salerno (with Wirtshaftsuniversitat Wien and Naples II) and the University of Palermo. The Maltese Court of Appeal has described him as a leading commentator on tax law referring to his publications in its judgements. Robert developed a detailed knowledge of tax aspects of the European Convention on Human Rights drafting submissions in cases filed against France, the Netherlands, Bulgaria and Malta. Robert is a published author on tax law publishing articles in European Taxation, EC Tax Review and the British Tax Review. He has contributed to several publications including a book published by Hart Publishing, 3 books published by the IBFD and several books published by the MIM. Robert’s most recent tax publication is Principles of Maltese Income Tax Law 2013. Robert’s books have anticipated important changes to our tax policy system. Philip Sciberras (ex-Court of Appeal) describes Principles of Maltese Income Tax Law as ‘a must-read’ describing Robert as ‘an expert in his field, … without doubt one of Malta’s finest scholars on tax law’. Giovanni Bonello (ex-ECtHR) says that the book is ‘not just an arid explanation of the intricate and sometimes opaque provisions of taxation law, but an attempt – and a very successful one – to place fiscal law in the context of superior principles of governance … Attard’s systematic vademecum has the makings of a textbook destined to become a classic, crucial for tax consultants, practitioners and, not least, for the victims of aggressive fiscal policies’. Philip Baker remarks that ‘Single-handedly, Robert is generating the literature which explains the structure and nuances of the system in Malta. One wishes other countries had similar authors who could write similarly enticing books to explain their tax codes.” Robert has argued most of Malta’s leading tax cases including landmark judgments John Geranzi v. PM (right to justice within a reasonable time), Zahra v. PM (non bis in idem), Farrugia v. PM (taxation as a violation of the right to property) and Case 160 of 2012 (tax transparency).
Dr Lara Pace is an Associate within GANADO Advocates’ Employment team, regularly assisting clients on legal and regulatory matters relating to drafting of employment contracts and other legal documentation as well as on issues relating to termination of employment, dismissals, redundancies, discrimination, industrial disputes and litigation connected to such matters.
Start date: 29/10/2019
Start time: 09:00
End time: 16:45
Venue: The Xara Lodge
Phone: +356 27555560 / +356 77555560