Announcements

Academy Documents

Please access the Students' Policies & Forms through this link. The following documents are all available in the link - Student Handbook, Student Code of Conduct,  Students' Privacy Notice, Deferral, Suspension, and Cancellation Policy, Assignment Extension Policy, Re-Sit Policy, Complaints Procedure Policy, Equality Policy and Student Disciplinary Policy.

Online Sessions Link

To connect to the online sessions of this module please click on this link. You will be asked to register your attendance if you are not already signed in into your Zoom account. You will also be asked for the password which is below.

Meeting ID: 826 1325 7390
Passcode: 605913

Oral Examination Link

Meeting ID: 895 5002 8272
Passcode: 989332

Make sure that you show with your name & surname as you have been registered for the study programme. This is very important for attendance purposes.

Lecture Schedule & Notes

Lecture notes will be available during the week following the respective lecture. Schedule dates are indicative and may change. All changes, if any, may be communicated via email, SMS or telephone calls.

LectureDateTimePresentationNotes (If Any)Session Recoring
Lecture 0124 January 202417:30 to 20:00hrsPresentation 01Request
Lecture 0231 January 202417:30 to 20:00hrsPresentation 02Request
Lecture 037 February 202417:30 to 20:00hrsPresentation 03Request
Lecture 0414 February 202417:30 to 20:00hrsPresentation 04Request

Lecturer/s  

Dr Emma Grech

Dr Naomi Schembri

Lecture Summaries & Suggested Reading 

Lecture 1 - Sources of Employment law and Overview of the Employment and Industrial Relations Act

Following this session students will be learn:

  • About the various sources of Maltese employment law, including a basic understanding of the UK and EU law framework, which have in turn impacted Maltese employment law and jurisprudence
  • The effect of the courts on employment law
  • The manners in which one can research the relevant sources of employment law
  • How to understand the core legal principles that apply to the relationship between employer and employee
  • How to refer to the applicable provisions of the law when an employment issue arises

Core Reading List

Supplementary Reading List

  • Smith, P., Hodges, A., Stabile, S. and Gely, R., 2009. Principles Of Employment Law. 1st ed.
  • Painter, R. and Holmes, A., n.d. Cases And Materials On Employment Law. Industrial Tribunal awards and decisions
  • Craig, P., de Burca, G. (2020) EU Law - Text, Cases and Materials (7th Edn.). Oxford University Press.
  • Baldacchino, G., Rizzo, S. and Zammit, E. (2003) Evolving Industrial Relations in Malta. Luqa, Malta: Agenda.

 

Lecture 2 - Employment Status and the Contract of Employment

Following this session students will learn:

  • How to analyse the law in relation to ‘employment status’
  • To understand the difference between an employee and a self-employed person
  • The main features of an employment contract, and the importance of being aware of them
  • What must be included in a contract of employment
  • Considering the various Wage Regulation Orders
  • Express and implied terms
  • Restrictive covenants and employee rights
  • Other sources of employment terms
  • How contracts of employment may be changed

Core Reading List

Supplementary Reading List

  • Spiteri, L., ‘The Contract of Employment: A European and Maltese Perspective’ (2020). University of Malta.
  • Farrugia, I. Carl., ‘The Contract of Employment in Relation to General Contract Law’ (2014). University of Malta.
  • Emir, A., ‘Selwyn’s Law of Employment’ (2022), Part 2 – The Contract of Employment. Oxford University Press.

 

Lecture 3 - Equality, Diversity and Discrimination

Following this session students will learn to:

  • To identify and understand the basic principles and features under Maltese employment and industrial legislation applicable to the topic at hand, including an understanding as to what constitutes “discrimination” in terms of Maltese law, which pieces of legislation apply to particular scenarios, and how these are interpreted in practice.
  • What action can be taken against discriminatory or otherwise unfair treatment at the place of work.
  • The role of the Department of Industrial and Employment Relations (DIER), particulalry in promoting equality and diversity.
  • The role of the Industrial Tribunal and the conduct of proceedings instituted before it concerning situations of alleged discrimination in employment, including an analysis of local jurisprudence on the matter.
  • The role of trade unions as protectionist entities and the rights and actions attributed to them.

Core Reading List

Supplementary Reading List

  • Emir, A., Selwyn’s Law of Employment, 22nd edn., Oxford University Press
  • Aylott, E., n.d. Employment Law: A Practical Introduction
  • Greenland, C., n.d. The Collective Agreement In Maltese Industrial Relations
  • Smith, P., Hodges, A., Stabile, S. and Gely, R., 2009. Principles Of Employment Law. 1st ed.
  • Painter, R. and Holmes, A., n.d. Cases And Materials On Employment Law
  • Industrial Tribunal awards and decisions (including but not limited to, Olivia Ann Camilleri v HSBC Bank Malta plc, 2022; Mildred Marmarà, Yvonne Penza v The Nuance Group (Malta) Ltd, 2022; Kenneth Abela v Engineering Resources Ltd, 2022)

 

Lecture 4 - Termination of Employment

Following this session students will learn:

  • The basic principles applicable to, and provisions regulating, termination of employment under Maltese law.
  • The reasons for which an employment relation may be terminated by the employer or by the employee, and the manner in which this can be done.
  • What action can be taken against unfair dismissal or termination of employment, or unfair terms pertaining to such termination.
  • How to handle disciplinary procedures at the work place, potentially leading to termination.
  • How to navigate through amicable exits and termination agreements.
  • The role of the Industrial Tribunal and the conduct of proceedings instituted before it concerning termination of employment, particulalry situations of alleged unfair dismissal, including an analysis of local jurisprudence on the matter.

Core Reading List

Methods of Assessment

1 Essay 75% of final score

Oral Examination 25% of final score

Assignment

You have to choose 1 out of the 2 questions that are available in the Assignment Submission form below. The assignment should be submitted by not later than Thursday 25 April 2023. The Assignment has to be submitted together with the Assignment Submission Form. Please indicate the questions which you have addressed in the Assignment Submission form.

Assignment Submission Form

If you need information on how to plan, draft and submit your assignment follow the 21 Academy presentation on Writing and Submitting your Assignment.

We are also making the 21 Academy's Assignments Rubric available for your guidance. This is a performance-based assessment tool. Tutors will use the rubric to assist them to allocate scoring while it allows students to understand what is required in the assignment and how it will be graded. For referencing purposes, as much as possible please use the Oscola Referencing Guide.

Submitting Assignment - Turnitin

The Academy will notify you that assignment questions are available through an email. Through another email sent to you by Turnitin (probably on the same day) you will be notified that you have been added to a "class" where you may upload your assignment/s. Assignments should be submitted by not later than 23:59hrs of the assignment submission deadline shown on the Assignment Submission form and/or the "class".

At 21 Academy you can submit more than one draft of your assignment before the submission final deadline. The last version left uploaded at the submission deadline will be considered to be your final submission paper and will be the one which will be assessed. Make sure that your final submission does not go beyond 20% similarity when including direct quotations (the sentences in-between quotes).

Follow this very short video to understand how to submit your assignment through Turnitin - submitting a paper

To understand the similarity report generated by Turnitin follow this 1 minute video - understanding the similarity report

Oral Examination

The date and time of the Oral Examination will be agreed upon between the examiner and the student, but this will be expected to take place with a fortnight after the last session of the module has been delivered.

Examiners are provided with 21 Academy's Oral Examination Rubric Notes to Examiners which is also made available to the students sitting for an oral examination so that they can understand better what to expect during the examination. Scoring during the Oral Examination is carried out on 21 Academy's Oral Examination Rubric in accordance with the Oral Examination Rubric Notes to Examiners.

 

Oral Examination Schedule & Links

These will be made available here once the dates are agreed upon

Referencing Style

Oscola Referencing Guide

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