Objective HR

16/01/2021

GOLD MEDAL WINNING CYCLIST NOT A WORKER OR EMPLOYEE

The claimant in this case, Jessica Varnish, is a professional track cyclist. She entered into a written agreement with not-for-profit organisation British Cycling, under which she was promised, among other things, to “train hard for the common purpose of winning medals for the British cycling team”

Reproduced by Natalino Caruana De Brincat – Article and conclusions from Workplace Report No195 published in December 2020.

http://objectivehr.com.mt/news/gold-medal-winning-cyclist-not-a-worker-or-employee

Reproduced by Natalino Caruana De Brincat - Article and conclusions from Workplace Report No195 published in December 2020 The claimant in this case, Jessica Varnish, is a professional track cyclist. She entered into a written agreement with not-for-profit organisation British Cycling, under which s...

08/01/2021

UNION RECOGNITION RULES - IT says amendments are needed

The Industrial Tribunal yesterday gave what can be termed as a landmark decision in respect of the Trade Union Recognition rules, SL 452.112.
In June 2017 the DIER had ordered, in terms of the same regulations, that AirMalta give recognition to a new Union, the AAOC, representing the Operation Controllers. AirMalta and GWU both opposed and despite the legitimate order given by the DIER, AirMalta refused to give AAOC recognition. AirMalta and GWU both claimed that it was first necessary to see whether AAOC could be deemed as a separate bargaining entity.
Following 3 years of legal battle, the Tribunal decided in favour of AAOC and stating in no uncertain terms that the DIER verification process was regulated by law and there was no reason to conclude that the process was in any way vitiated. Furthermore, it concluded that GWU and AirMalta's proceedings before the Tribunal were thus to be quashed whilst upholding AAOC's plea that once the DIER had legitimately decided on the matter according to law, the Tribunal should abstain from deciding the matter again.
The Tribunal, rightly so, went on to make a recommendation to the competent authorities for necessary changes in the Law.
It is now expected that AirMalta plc abides by the legitimate decision of the DIER and grant sole recognition to AAOC for the Operation Controllers at AirMalta, in order that the DIER's decision is finally respected and justice with AAOC is made.

24/11/2020

An amendment to enable workers on a definite contract to seek redress at an industrial tribunal was moved in parliament on Tuesday by Minister in the Office of the Prime Minister Carmelo Abela. Moving the amendment, he said this was the result of a court judgment in January which had queried...

10/10/2020

EMPLOYMENT LAW: PREGNANCY?

This article will shed light on what should be considered as the legal obligations imposed on the employer in respect of employees who are pregnant in terms of Maltese employment law. The author shall be delving into the salient provisions of the law, its applicability within the industry, along with an understanding of its interpretation given by jurists.

By Natalino Caruana De Brincat This article will shed light on what should be considered as the legal obligations imposed on the employer in respect of employees who are pregnant in terms of Maltese employment law.[1] The author shall be delving into the salient provisions of the law, [2] its appli

10/07/2020

FAILED ATTEMPT TO TRANSFORM A TEMPORARY AGREEMENT IN VIEW OF COVID19 INTO A MORE PERMANENT ONE - COURT SAYS NO

MATCA WIN RIGHT TO STRIKE
Posted on July 10, 2020 by iansbadvocates
fil:///Users/ianspiteribailey/Downloads/10_07_2020-827_2020-122288.pdf

MATCA, the Malta Air Traffic Controllers Association has won the right, if ever it was in doubt, to call it members to obey legally valid directives in view of an industrial dispute in place. This was affirmed by the First Hall of the Civil Court presided over by the Chief Justice in a decree given today 10th July, following a warrant of prohibitory injunction attempted by MATS, their employer.

Jibda biex jinghad illi s-servizz soggett ghal dan il-mandat hu wiehed essenzjali u ghalhekk ma jistax jitwaqqaf. Daqstant iehor hu principju rilevanti illi trade union ghandha kull dritt li tohrog direttivi specjalment fejn gia hemm avviz ta’ tilwima industrijali u ma titnezzax mill-funzjoni ewlenija taghha li thares il-jeddijiet tal-membri taghha fl-interess taghhom sakemm mhux ghal ragunijiet gravi jew serji.

The Court also affirmed that whatever agreement was reached between the union and employer during the pandemic, was temporary in nature and should not be, unless there is agreement, prolonged to the period when the pandemic is no more.

Lastly, and equally very importantly, the court said “sitwazzjonijiet simili ta’ nuqqas ta’ qbil ma jigux solvuti b’mandat ta’ inibizzjoni izda bil-proceduri ta’ natura industrijali li huma accessibbli ghal partijiet”.

MATCA was assisted by Dr Ian Spiteri Bailey

26/03/2020

Solidarity

Public service employees have received an email asking them whether they wish to offer their month’s salary. On Tuesday, Prime Minister Robert Abela announces that he will be forfeting one

26/03/2020

Employers may apply for Quarantine Leave Allowance

This form is to be used by business requesting support in respect to quarantine leave costs incurred due to employees forced to take quarantine leave as required by Legal Notice 40 of 2020 Period of Quarantine Order, 2020 published under the Public Health Act (Chapter 465 of the Laws of Malta) as su...

23/03/2020

COVID 19 – Malta – Closure of Non-Essential Retail Outlets and the Suspension of Organised Events Order

Yesterday 22nd March 2020 the Government announced further measures aimed to reduce the spreading of the Coronavirus (COVID -19) which was classified by the World Health Organisation (WHO) as a pandemic.

These newly announced measures are found in Legal Notice 95 of 2020 and Legal Notice 96 of 2020. The latter deals with the Enforcement of the Order relating to Closure of Non-Essential Retail Outlets whilst the former provides a detailed list of which business are considered as Non-Essential Retail Outlets or Outlets Providing Non-Essential Services.

Legal Notice 95 of 2020 the Closure of Non-Essential Retail Outlets and Outlets Providing Non-Essential Services Order explains that the Superintendent of Public Health orders the closure of all shops whereby their principal business relates to selling of clothing, sportswear, jewellery, hand bags and leather goods, costume jewellery and accessories, footwear, non-prescription eye-wear, perfumeries, beauty products, haberdashery, soft furnishings, souvenir shops, discount stores, luggage shops, toy shops, hobby shops, furniture shops, florists and va**ng shops, whether operating in shopping malls and/or elsewhere. The Order imply to allow these shops/businesses to provide delivery services of their products to the community.

Furthermore, the same Legal Notice, explains that such order for closure shall extend to the following outlets providing non-essential services: hairdressers, barbers, beauticians, spas, nail artists, nail technicians and tattooists. It is important to point out that the order empowers the Superintendent of Public Health, by notice in the Gazette, to amend such order of closure thus remove or include other outlets.

Legal Notice 96 of 2020 the Enforcement of the Order relating to Closure of Non-Essential Retail Outlets and Outlets Providing Non-Essential Services Regulations focuses on the enforcement element of the aforementioned Legal Notice. It amplifies that any person who fails to abide by the provisions of the Closure of Non-Essential Retail Outlets and Outlets Providing Non-Essential Services Order, 2020 shall be guilty of an offence and shall, on conviction, be liable to the payment of a penalty of three thousand euro (€3, 000) for each and every occasion in which that person breaches the such Order.

Legal Notice 101 of 2020 entitled the Suspension of Organised Events Order delves into explaining that by orders of the Superintendent of Public Health all organised events, including all cultural, recreational, entertainment, sporting and religious events and exhibitions in public or private places, are suspended. Such suspension is applicable also to all events and exhibitions held inside places subject to the Closure of Places Open to the Public Order. The latter order was enacted with Legal Notice 100 of 2020 which deals with the Enforcement of the Order relating to Suspension of Organised Events.

The Enforcement of the Order explains once again that any person who fails to abide by the provisions of such Suspension of Organised Events, shall be guilty of an offence and shall, on conviction, be liable to the payment of a penalty of three thousand euro (€3,000) for each and every occasion in which that person breaches the aforesaid Order.

IMPORTANT NOTE - The above is a mere synopsis of the latest Legal Notices and does not purport to give legal, financial or tax advice, or any other advice of whatever nature. Hence it is always your responsibility to seek legal advice before taking, or not taking, any action.