Tuesday 24 October 2023
09:00 | Recent Employment Related Case Law
Dr Paul Gonzi | Fenech & Fenech Advocates
This session will delve into the most recent and topical case law updates in employment law, from both the Industrial Tribunal and the Court of Appeal and, their implications on employers and employees alike.
10:00 | Employer Obligations in terms of the Protection of the Whistleblower Act
Dr Martina Bonnici | Mamo TCV
The EU Whistleblowing Directive 2021 was transposed into Maltese law by virtue of The Protection of the Whistleblower (Amendment) Act, and amended the already existing Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta. By virtue of the new law, which came into force on the 24th December 2021, both public and private sector employers are now obliged to set up internal procedures for reporting breaches of EU law and any other legal obligation, among others.
This session will:
- Set out the new obligations in terms of the Protection of the Whistleblower Act and how these impact employers;
- Help identify who can be a whistleblower and the facilities which should be available for reporting;
- Explain the protection afforded to whistleblowers and the conditions for making a protected disclosure;
- Clarify the existing gaps in the legislation.
11:00 | Break
11:15 | Occupational Health & Safety
Dr Christine Calleja | Mamo TCV
With the increase of work-related injuries and illnesses, focus on the employer’s health and safety obligations has reached new heights. The employer’s obligations in the field of occupational health and safety are vast, with consequences in the case of breaches ranging from civil actions for damages to possible criminal prosecution. This seminar will provide a general outline of the most salient obligations of the employer, together with a brief description of the repercussions which could ensue.
12:15 | Close of Session
Friday 27 October 2023
09:00 | Dealing with Employment Termination
Dr Lara Pace | Ganado Advocates
During this session we will explain the procedure to terminate the employment of employees on an indefinite contract of employment and we will also assess reasons for terminating employment. We will examine the options which employers have when the reasons for termination are not robust.
10:00 | Processing Employees Personal Data
Dr Josef Cachia Fenech Gonzi | GTG
How an employer processes the personal data of their employees can easily be placed on the back burner. However, an employer must ensure that the personal data of all their employees (including past or even potential employees who have applied for a position) is properly collected in terms of the law, as well as processed and destroyed when required. Proper compliance with data protection regulation is hence essential, as improper internal procedures and policies can have significant effects on employers who process unnecessary data, as well as exposing themselves to risks due to data that is improperly managed.
This session shall delve on some legal and practical considerations that employers face when dealing with the processing of personal data of their employees, general good practices as well as practices which should not be used when processing such personal data.
11:00 | Break
11:15 | Discrimination and Harassment at the Workplace
Dr Charlotte Camilleri | Employment Lawyer
Both the Employment and Industrial Relations Act (Chapters 452) as well as the Equality for Men and Women Act (Chapter 456 of the Laws of Malta) regulate the prohibition of Discrimination and Sexual Harassment at the workplace. The session will delve into the grounds for discrimination in employment at national and at EU level. A comparative analysis will be made between what the EU directives and what local legislation stipulate. Interestingly, Maltese employment law does not regulate aspects such as bullying but puts great emphasis on harassment which is sexual in nature. Statistics show that sexual harassment occurs mostly between co-workers, nevertheless the employer is responsible to ensure that all steps were taken so that no sexual harassment occurs at the workplace.
Both landmark as well as the most recent judgements delivered by the Court of Justice of the European Union will be discussed.
Dr Paul Gonzi is a partner at Fenech & Fenech Advocates. His main area of specialisation are employment law, data protection and TMT Law.
Dr Martina Bonnici is an Associate at Mamo TCV Advocates. She joined the firm as a trainee in 2018 and gained experience in the Corporate department. Martina successfully graduated from the University of Malta with a Bachelor of Laws (Honours) in 2019 and with a Master of Advocacy in 2020. She furthered her studies at King’s College London where she obtained a Master of Laws in International Business Law and then joined the firm as a Junior Associate in the Corporate Department.
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 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. Lara also advises clients on general corporate and company law matters as well as environmental law issues.
Dr Josef Cachia Fenech Gonzi, is the owner of Cachia Fenech Gonzi Advocates, which is a boutique law firm which specialises in corporate, regulatory, GDPR and commercial Law. He was previously Head of Legal at KSI Malta and worked with the firm for eight years. Josef has been working in the corporate industry for more than a decade and has been involved in a number of small and large projects, ranging from regulatory reviews, compliance audits, AML/CFT advisory, prospects listings, GDPR audits and mergers & acquisitions. Josef currently also occupies the position of compliance officer and risk officer with several Class C CSPS as well as providing DPO services amongts other legal services provided to his clients.
Dr Charlotte Camilleri is a lawyer by profession. Dr Camilleri studied at the University of Malta, at Universita degli Studi di Salerno, Il Perugino Institute in Perugia as well as Rome Business School in Italy. She graduated in Doctor of Laws at the University of Malta in December 2005 and was called to the bar in 2006. In December 2010, she obtained a Magister Juris in European and Comparative Law from the University of Malta and in 2022 she obtained a Master in Management from Rome Business School. Charlotte has for the past 17 years been regularly attending training courses on Labour Laws, Equality and Discrimination in employment at the Academy of EU Law in Trier, Germany. She has been selected, on occasion, as spokesperson for her group in moot cases. She joined the Malta Employers’ Association (MEA) in February 2006. Her responsibilities at the MEA comprise providing legal advice to MEA members on employment and industrial relations as well as social policy. Furthermore, she assists MEA members in issues relating to the Department for Industrial and Employment Relations and disputes with trade unions. She also assists MEA Members before the Industrial Tribunal when the need arises. She helps MEA Members when negotiating collective agreements and also assists members when conducting disciplinary hearings and taking disciplinary measures. Dr Camilleri was a speaker at both local and international conferences and seminars and has chaired several workshops and panels. Charlotte is Company Secretary of Attard & Co Food Limited. She lectures employment law at the Malta Employers’ Association and is a senior researcher and guest lecturer at the Centre for Labour Studies within the University of Malta. For the past decade she was examiner of Industrial Legislation and thesis at the Faculty of Laws, University of Malta.
