Employment Issues 2024 - A Virtual Conference

Tuesday 22 October 2024

09.00 Introduction

Dr. Christine Calleja

09.15 Recent Employment Law Cases

Dr Mattea Pullicino

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.

10.15 Discrimination & Harassment

Dr. Lara Pace

This presentation focuses on the critical issue of sexual harassment in the workplace in Malta, outlining what employers need to be aware of to ensure a safe and respectful environment. We will cover the legal obligations specific to Malta, the importance of clear policies and procedures, and how to effectively recognize, address, and prevent incidents of harassment. Attendees will gain insights into fostering a culture of respect and inclusion while understanding their responsibilities in safeguarding employees' rights and well-being.

11.15 Break.

11.30 Employment Agencies New Rules & Equal Pay Provisions

Dr. Christine Calleja

Are you a recruiter? Do you engage employees to temporarily send them to work at a user undertaking? Do you engage employees to provide contracting services to your clients? On the 1st April of this year, the Employment Agencies Regulations have come into force, establishing a new regime for these operators, now termed as ‘employment agencies’. During this one-hour seminar, we will go through the various licencing requirements, including the requirement of providing a bank guarantee and of engaging a competent person to run the employment agency.

12:30 End of First Session

Friday 25 October 2024

09.00 Introduction

Dr. Christine Calleja

09.15 Termination Process Including The Disciplinary Process, Recent Compensation Awarded By The Tribunal

Dr Edward Mizzi

When is a termination considered unfair? This presentation will focus on the requisites of a fair termination and how the Industrial Tribunal has adjudicated on this point as well as the awards for compensation in recent decisions.

10.15 Whistleblowing Legislation

Dr. Martina Bonnici

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; and
• Provide an overview of legislative developments in the EU.

11.15 Break

11.30 Update On GDPR In Relation To Employment/Recent Cases

Dr. Paul Gonzi

This session will delve into the most recent updates and cases as regards data privacy from an employment perspective and the implications of same on employers and employees.

12:30 Close of Second Session

The Speakers

Dr Mattea Pullicino is an Associate at Fenech & Fenech Advocates with her main practice areas being employment, privacy and data protection as well as commercial law.

Mattea joined Fenech & Fenech Advocates in 2018 and currently works within the firm’s Employment Department. Basing her Research Paper on an analysis of international jurisprudence relating to terrorism, Mattea obtained a Bachelor of Laws (Honours) from the University of Malta in 2017. She qualified as a lawyer with a Masters in Advocacy in 2018 and was admitted to the Maltese bar in January 2019.

As a member of the Fenech & Fenech team, she now focuses on and has garnered experience in aiding an array of clients in matters mainly concerning Employment Advisory and Litigation as well as Data Protection and Privacy.

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 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 main focus is on employment law however he also deals with matters involving dispute resolution and litigation, corporate and commercial law, and real estate and construction. Edward joined the firm as a Trainee in the later part of 2013. That same year he graduated as Doctor of Laws from the University of Malta. In 2014 Edward was appointed as Junior Associate, forming part of the Regulatory, EU and Litigation practice group, was promoted to Associate in 2017 and Senior Associate in 2021.

Edward is also a trainer with MISCO and a tutor with Business Leaders Academy where he teaches employment 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 Paul Gonzi is a partner at Fenech & Fenech Advocates. His main area of specialisation are employment law, data protection and TMT Law.

After graduating with a Bachelor of Laws, Diploma of Notary Public and Doctor of Laws at the University of Malta, Paul earned his Master of Laws (LL.M.) in the subject grouping ‘Computer and Communications Law’ at Queen Mary and Westfield College, University of London.

Paul has extensive experience within the employment sector, from advising clients on contractual issues and drafting of policies and procedures, to challenging disputes before the Industrial Tribunal, Civil Court and Appeal Court.

In the field of Data Protection Law, Paul advises data protection and privacy policies and procedures; on notification of data controllers and data processing, engaging of data processors and sub-contractors, local and international data transfers; EU Commission Standard Contractual Clauses (‘SCCs’) and Binding Corporate Rules (‘BCRs’) and handling complaints with Office of the Information and Data Protection Commissioner (‘IDPC’).

Paul also forms part of the International Practice at Fenech & Fenech Advocates and is often involved in transactional work and legal due diligence exercises. He is also a contributor in various publications and also contributes towards several conferences and training sessions in his areas of specialis

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