Issue link: https://maltatoday.uberflip.com/i/1533342
6 OPINION LAW 9 maltatoday | SUNDAY • 16 MARCH 2025 Law Report WHEN the defendant fails to file a state- ment of defence, this does not mean they are admitting to the claims of the plaintiff. This was held in a judgment delivered by the First Hall of the Civil Court on 13 March 2025 in the names of R&E Online Marketing Limited vs eGaming Lab Ltd. The court was presided by Mr Justice Mark Simiana. The Plaintiff Company in its sworn appli- cation explained that the parties to the court case had entered into a White Label Partner Agreement in October 2017. The Defendant Company had to provide the Plaintiff Com- pany a number of services upon payment, amongst which a gaming licence to be used for a software platform. However, the Plain- tiff Company claimed that the Defendant Company failed to perform the obligations listed in the contract. As a consequence, the Plaintiff Company could not operate a gaming business. The Plaintiff Company suffered damages and asked the court to liq- uidate these damages. The Defendant Company was notified with the sworn application but did not file a statement of defence. Mr Justice Simiana analysed the contract between the parties and found that the Plaintiff Company paid for the licence, the set-up fee and the gaming engine mainte- nance fee. The contract was to be valid for four years and could have been renewed. Clause 15 of the contract stated that if any of the parties breached the contract then it would be terminated. In October 2018, the Plaintiff Company sent a letter to the Defendant Company listing the breaches of contract and calling upon them to remedy the situation. In the same month the Defendant Company in- formed the Plaintiff Company that the con- tract was being terminated and the opera- tions had stopped since the company was in financial difficulties. The accountant of the Plaintiff Company testified and explained the losses and dam- ages sustained. These included the salaries of the employees, rent of the offices, water and electricity costs, costs on technical sub- scriptions, advertising and others. The Court then held that since the De- fendant Company did not file a statement of defence, it could not raise any pleas and neither could it present any evidence. The courts have always treated this situation in a punitive manner. This is a sanction against the Defendant that fails to do their duty to carry out a court order. However, the fact that no statement of de- fence is filed does not mean that the Defend- ant is admitting to the claims. The presump- tion is that the claims are being challenged and they still have a right to appeal. There- fore, the Plaintiff has to produce sufficient evidence to prove its claims. In this case, the director of the Plain- tiff Company showed how the Defendant Company did not fulfil its contractual obli- gations. The evidence showed that the con- ditions were not observed and therefore the claim of the Plaintiff company was upheld. The court also held that the claim for a refund for wages, rent and other office ex- penses cannot be upheld, since it wasn't proven that they are a direct consequence of non-performance of the contract. On the other hand, the Court allowed the refund of expenses connected to advertising and a deposit. The Court calculated that the Defendant Company had to pay €41,512. When there is no defence, the plaintiff still has to prove the case LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates MALCOLM MIFSUD Mifsud & Mifsud Advocates Renee Laiviera is Equality Commissioner Renee Laiviera Breaking the silence: Tackling sexual harassment at the workplace WORKPLACES are not always the safe environment they are intended to be. In- deed, 27% of women in Malta have expe- rienced sexual harassment at work during their lifetime. While this figure is slightly lower than the EU average of 31%, it re- mains an area of considerable concern. These figures stem from a survey con- ducted by Eurostat, the EU Agency for Fundamental Rights (FRA) and the Eu- ropean Institute for Gender Equality (EIGE). Published in November last year, the survey is the largest-ever EU study on gender-based violence, capturing the experiences of nearly 115,000 wom- en across member states. It highlights alarming findings, including the fact that one in three women in the EU has experi- enced violence. It examines physical, sex- ual, and psychological violence, as well as sexual harassment at the workplace. Young women aged 18–29 are particu- larly vulnerable, with 41.6% reporting sexual harassment at work. Most perpe- trators are men, with 15.8% of harass- ment involving male co-workers, 7.4% involving male bosses or supervisors, and 9.3% involving other men, such as clients or customers. Sexual harassment at the workplace is a criminal offence in Malta. Sexual har- assment can be defined as an unwelcome physical contact, such as touching, re- questing sexual favours, comments or jokes of a sexual nature, sexually explicit emails, SMS, or messages on social media and showing pictures or other sexually explicit material. However, even with clear definitions, a cultural shift is required. Awareness about the underlying principle that con- sent is key is needed to ensure all interac- tions are respectful, mutual and free from coercion or pressure, thereby preventing behaviours from escalating into harass- ment. Consent can be taken away at any time particularly when the interaction can escalate to a level that becomes unac- ceptable to the other party. The emphasis on consent highlights the need to respect boundaries and always treat colleagues with dignity. The consequences of sexual harass- ment at the workplace are far-reaching and damaging. Victims often experience anxiety, depression and a loss of confi- dence, which can hinder their profession- al development and personal well-being. For some, the emotional toll is so severe that they are forced to quit their jobs. Organisations also face significant reper- cussions, including decreased productiv- ity and higher employee turnover. These combined effects highlight that sexual harassment is not just a personal issue, but a societal and economic problem. Challenging harmful stereotypes and behaviours is also important to tackling sexual harassment. A Eurobarometer survey found that 76% of respondents in Malta believe it is unacceptable for men to make suggestive comments or allu- sions about a female colleague's appear- ance at work. Similarly, 89% of respond- ents disapprove of behaviours such as body-gazing, catcalling, ogling, or whis- tling at women. While these figures indi- cate growing awareness of the issue, they also suggest the persistence of cultural norms that allow harassment to thrive in some environments. In Malta, the National Commission for the Promotion of Equality (NCPE) plays a vital role in addressing sexual harassment at the workplace. The NCPE investigates cases of sexual harassment confidentially, offers guidance on the complaints proce- dure, and assists employers in drafting or updating harassment policies. Moreover, the NCPE provides training to different groups and raises awareness through educational campaigns on rights and re- sponsibilities. Despite these efforts, between 2019 and 2023, only five complaints of sexual harassment were lodged with the NCPE. This number does not reflect reality, as many victims remain silent, either out of fear, stigma or lack of knowledge about their rights. Addressing sexual harassment at the workplace requires action at multiple lev- els. Employers must take responsibility by implementing and enforcing clear an- ti-harassment policies, providing regular training to employees on recognising and addressing inappropriate behaviour, and creating a culture where victims feel safe to report incidents without fear. At the same time, individuals must know their rights to report incidents internally to their management and lodge complaints to the NCPE when necessary. The workplace should be a safe and healthy environment where individuals feel comfortable and respected. Unfortu- nately, for far too many, it is a source of fear and harm. By strengthening policies, holding perpetrators accountable and empowering victims to speak out, we can break the silence. 76% of respondents in Malta believe it is unacceptable for men to make suggestive comments or allusions about a female colleague's appearance at work