Issue link: https://maltatoday.uberflip.com/i/1484063
maltatoday | SUNDAY • 13 NOVEMBER 2022 19 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639. SERVICES COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. QUOTATION - We would like to request a quotation for 1 in no. store vertical storage terminal for dry pow- ders. Further details including the tech- nical specifications may be request- ed via email on info@eurocemalta.eu. Interested parties may also call on +356 21805278. Quotation is to be provided in Eur (€) by the 15th November 2022. Any quotations received after deadline will not be considered. SITUATIONS VACANT CASHIER - Padthai Kitchen Malta Ltd are seeking the immediate employment, on a part-time basis of a person with knowledge of Thai cuisine to work as a cashier and to also assist in the general restaurant duties, for example explaining to customers the ingredients of dishes offered. Although no particular qualifi- cations are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demon- strate sound knowledge of Thai tradi- tional and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen candidate will include han- dling sales, assisting patrons with que- ries, helping as necessary in the restau- rant (not cooking). The salary of €5 per hour is being offered to the suitable can- didate. Interested candidates are to send their CV by email to padthaikitchen.mal- ta@gmail.com with the words "Cashier/ General Attendant" as subject by not later than Friday 25th November 2022. CLERK - Torri Gardens Ltd, Lija requires a clerk on a full-time basis. The ideal candidate must have ECDL, organization and communication skills, be fluent in English, ready to work flex- ible hours and other duties around the premises. Apply via email on: torri- gardens@gmail.com EXPERIENCED WAITER - required for busy hotel restaurant in Naxxar. Must be fluent in English, be able to work flexible hours including week- ends and public holidays. Min 2 years' experience in similar position. Call +35627988357 for more info - The Village Hotel LTD. SECURITY GUARDS & CUSTOMER CARE - Kingdom Security Malta Ltd requires filling positions as Security Guards & Customer Care. Applicants should be customer care orientat- ed, smart and flexible for shift work. Kindly call on 21413777 CLASSIFIEDS INFO @MEDIATODAY.COM.MT AN immigrant shall not be deemed to be overstaying from a date of termination of employ- ment when such date was deter- mined only by the employer and the immigrant was never noti- fied. An immigrant shall not be deemed to be overstaying from a date of termination of em- ployment when such date was determined only by the em- ployer and the immigrant was never notified. This was out- lined in Davor Jahic vs Identity Malta Agency decided by the Immigration Appeals Board on the 03rd October 2022. In virtue of a decision taken by the Identity Malta Agency on the 07th January 2022, Mr Jahic's residence permit was revoked with immediate af- fect because his employer had submitted a termination no- tification of his employment to Identity Malta. This nulli- fied his work residence permit from the date of termination. As a result, Mr Jahic's stay in Malta was no longer author- ized and he could only contin- ue staying in Malta if he had alternative authorization to remain legally in Malta. Oth- erwise, his stay in Malta could be deemed to be in violation of the Immigration Act as from the date of his termination of employment. Mr Jahic appealed Identity Malta's decision on the 04th February 2022 in front of the Immigration Appeals Board, whereby his lawyer indicated that he had been legally resid- ing in Malta for around four years and his last residence permit which was issued, was valid until 07th September 2022. His lawyer explained that Mr Jahic's employment was never formally terminated by his then employer because he was never notified, neither by his employer nor by JobsPlus. Therefore, in the absence of a formal notice of termination, Mr Jahic could not be consid- ered as overstaying from a date of termination determined by his employer which was never notified to him. Whilst submitting the appeal, Mr Jahic decided to submit a change of employer application with the hope of safeguarding his position. He successfully submitted the new application, which was formally acknowl- edged. Hence, according to his lawyer, he regularized his stay by submitting a fresh appli- cation with Identity Malta as soon as he was notified of the decision that his single permit was being withdrawn. In its reply to the appeal, Identity Malta stated that it failed to understand how it was supposed to reply to the appel- lant's appeal since the appel- lant failed to list the grounds upon which he is appealing from the Agency's decision. It recalled how JobsPlus had sent an email to the Identity Mal- ta Agency on the 17th Octo- ber 2021 attaching a list of 35 employment licences which would expire after the 17th October 2021, and Mr Jahic's name was included in the list. These employment licences were terminated either elec- tronically or in an official form. Since the conditions on which the single permit for Mr Jahic was given did not continue to suffice, Identity Malta said that it issued the revocation letter on the 07th January 2022, re- voking such permit with im- mediate effect. After hearing both parties, the board reasoned that if Mr Jahic was not informed offi- cially of his termination of em- ployment, then he cannot be considered as a prohibited im- migrant. Although the board confirmed that Identity Malta was correct in issuing the revo- cation letter because Mr Jahic's employment was terminated, it upheld Mr Jahic's appeal be- cause no official notification was given to him. It also or- dered that his fresh application with a prospective employer is processed, and that Identi- ty Malta should decide on the new application on its own merits, without deeming the applicant to be staying illegally in Malta. Dr Gianluca Cappitta was the lawyer for the appellant. An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates