Announcements
Academy Documents
Kindly access the Students' Policies & Forms by clicking on the button below. The following documents, among others, can be found there: 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 join the online sessions for this module, please click on the button below. If you are not already signed in to your Zoom account, you will be prompted to register your attendance. You will also need to enter the password provided below.
Meeting ID: 874 5170 6279
Passcode: 968596
Please ensure that your name and surname appear as registered for the study programme, as this is essential for recording your attendance.
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.
Lecture | Date | Time | Presentation | Notes (If Any) | Session Recording |
---|---|---|---|---|---|
Lecture 01 | 16 January 2024 | 17:30 to 20:00hrs | |||
Lecture 02 | 23 January 2024 | 17:30 to 20:00hrs | |||
Lecture 03 | 30 January 2024 | 17:30 to 20:00hrs | |||
Lecture 04 | 6 February 2024 | 17:30 to 20:00hrs | |||
Oral Exam Session 01 | TBA | 17:30 to 20:30hrs | |||
Oral Exam Session 02 | TBA | 17:30 to 20:30hrs |
Lecturer/s
Dr. Ann Bugeja
Dr. Clyde Bonnici
Lecture Summaries & Suggested Reading
Lecture 1 - Sources of Employment law and Overview of the Employment and Industrial Relations Act - Dr. Ann Bugeja
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
- Employment and Industrial Relations Act, Ch, 452 Laws of Malta
- The Occupational Health and Safety Act, Ch. 424 of the Laws of Malta
- The Employment and Training Services Act, (Ch. 594 of the Laws of Malta
- The Data Protection Act, Ch. 586 of the Laws of Malta
- Aylott, E., n.d. Employment Law: A Practical Introduction
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 - Dr. Clyde Bonnici
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
- Employment and Industrial Relations Act, Ch, 452 Laws of Malta
- Transparent and Predictable Working Conditions Regulations (S.L. 452.126 of the Laws of Malta)
- Organisation of Working Time Regulations (S.L. 452.87 of the Laws of Malta)
- Contracts of Service for a Fixed Term Regulations (S.L. 452.81 of the Laws of Malta)
- Wholesale and Retail Trades Wages Council Wage Regulation Order (S.L. 452.63) – to be read by way of example
- Greenland, C., n.d. The Collective Agreement In Maltese Industrial Relations
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 - Dr. Clyde Bonnici
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
- Employment and Industrial Relations Act, Ch, 452 Laws of Malta
- The Equality for Men and Women Act, Ch 456 of the Laws of Malta
- Equal Opportunities (Persons with Disabilities) Act, Ch 413 of the Laws of Malta
- Equal Treatment in Employment Regulations (S.L. 452.95 of the Laws of Malta)
- Equal Treatment of Persons Order (S.L. 460.15 of the Laws of Malta)
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 - Dr. Ann Bugeja
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 are required to choose one of the two questions available in the Assignment Submission Form made available by clicking the button below. The assignment must be submitted no later than Thursday, 8 May 2025, along with the Assignment Submission Form. Please ensure that you indicate the question you have addressed on the Assignment Submission Form.
The Assignment Submission Form will be made available here at a later date
For guidance on how to plan, draft, and submit your assignment, please refer to the 21 Academy presentation on Writing and Submitting Your Assignment by clicking the button below.
Writing and Submitting Your Assignment
We are also providing the 21 Academy's Assignments Rubric for your reference. This rubric is a performance-based assessment tool that tutors will use for grading, and it will help you understand the requirements of the assignment and how it will be assessed.
For referencing purposes, please use the OSCOLA Referencing Guide available by clicking the button below.
Submitting Assignment - Turnitin
The Academy will notify you via email when the assignment questions become available. Shortly after, you will receive another email from Turnitin, likely on the same day, confirming your enrolment in a "class" where you can upload your assignment(s).
Please ensure that your assignments are submitted no later than 23:59 on the assignment submission deadline, as indicated on the Assignment Submission form or in the Turnitin "class."
At 21 Academy, you have the option to submit multiple drafts before the final submission deadline. The version uploaded at the deadline will be treated as your final submission for assessment. Please note that Turnitin evaluates the same assignment twice within a 24-hour period, so any additional submissions during this time will not be reviewed until the 24-hour period has passed. Ensure that your final submission does not exceed 20% similarity, particularly when using direct quotations.
Follow this very short video to understand how to submit your assignment through Turnitin
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
Law students should use the OSCOLA referencing style as it is the standard citation system for legal writing in Malta. It ensures consistency, accuracy, and clarity when referencing legal sources, which is essential for academic and professional work. The video below provides detailed guidance on how to reference using OSCOLA. Please also refer to the OSCOLA Referencing Guide by clicking the button below