EMCS declares its adherence to and support for the Equality for Men and Women Act, Cap.
456 and the Employment and Industrial Relations Act, Cap. 452 of the Laws of Malta. This
means that discrimination and any form of harassment are considered as very serious
offences and which demand awareness and specific actions to be taken by the individuals
The victim of discrimination and/or harassment may experience emotional stress, physical
stress, and/or a negative change in performance. On the other hand, the Firm may be
negatively affected through low morale amongst members of staff that may lead to
increased absenteeism, employee turnover and low performance.
EMCS is an equal opportunity employer and equality at the place of work is considered a
sign of good management. Thus, EMCS affirms that its policies and procedures are free
from any type of discrimination.
EMCS aims to provide an inclusive environment which promotes equality, values, diversity and
maintains a working environment in which the rights and dignity of its entire staff are
respected. In this respect EMCS declares that no employee will be discriminated against, either
directly or indirectly, on the grounds of gender, sexual orientation, age, nationality, race/ ethnic
origin, marital status, pregnancy or potential pregnancy, disability, sexual orientation, religious
or other beliefs.
EMCS shall not contemplate any discriminatory practices in:
- Vacancies and vacancy advertisements;
- Job descriptions;
- Interviews and selection of candidates for employment;
- Conditions of employment offered to such candidates;
- Performance management processes;
- Career progression opportunities
- Procedures regarding termination of employment.
Harassment may take many forms including insensitive or deliberately abusive
comments/behaviour and/or other content published on the internet and social media.
Employees may not always realise that their behaviour constitutes harassment.
Harassment is unwanted behaviour by one employee towards another with the purpose or
effect of creating an intimidating, hostile or offensive working environment because of
membership in or association with a protected category. This type of conduct also has the
purpose or effect of unreasonably interfering with an individual’s work performance or
career advancement opportunities. Some examples of harassing conduct towards an
individual or group may include but are not limited to:
- repetitive insensitive jokes and pranks,
- lewd or abusive comments about appearance or actions,
- deliberate exclusion from conversations,
- displaying abusive or offensive writing or material,
- unwelcome touching, and
- abusive, threatening or insulting words or behaviour.
EMCS does not accept any instances, whether overt or subtle, of sexual
harassment involving sexual advances, requests for sexual favours and other verbal or
physical conduct of a sexual nature, such as:
1. Subjecting another employee to unwelcome acts, requests or behaviours, including
spoken words, gestures or the production, display or circulation of written words or
materials which could reasonably be regarded as offensive, humiliating or
2. Subjecting another employee to acts of physical intimacy, sexual favours or any act
or conduct with sexual connotations
This applies whether the alleged harasser is a Partner, an employee or a non-employee
(such as a client or a supplier or anyone else who may happen to be at the place of
work). The policy also applies if such incidents occur outside office hours or outside
the Firm’s premises but during a work-related function.
Any employee of EMCS who believes that he/she may be experiencing any form of
discrimination or harassment should tell the offender to desist from such behaviour
immediately. This is known as taking informal action to address the offence.
If the complainant would prefer not to confront the offender he/she may lodge a formal,
written and signed report to the HR partner and/or HR Manager in writing and including the
1. Name of complainant,
2. Name of the harasser,
3. Nature of harassment,
4. Dates and times when harassment took place,
5. Names of potential witnesses to the alleged incidents,
6. Action taken by complainant to stop the harassment.
A formal complaint may also be lodged:
- by sending the above details in an email to the HR partner on
email@example.com and/or the HR Manager on
- by calling our offices on 2777 2777 and asking to speak to the HR partner and/or HR
In this way EMCS would be in a position to tackle such cases fairly, consistently,
constructively, promptly and with utmost confidentiality. All accusations will be taken
seriously but the Firm does not presume guilt and will give every opportunity for both
complainant and alleged harasser to express and/or defend their respective positions and to
be represented in front of a disciplinary committee set up for this purpose. Such disciplinary
committee may also include people who do not form part of the firm. This may be done to
ensure impartiality and fairness.
Investigations in such cases of harassment or discrimination shall be held in private but those
who need to be informed about an allegation for the purpose of the investigation shall be
told. No “off the record” discussions may be allowed when investigating cases involving
sexual harassment or discrimination.
If the investigation results in a clear violation of this policy, disciplinary action shall be taken
and this may include but is not limited to: verbal warning, written warning, suspension with
or without pay, redeployment within the firm, postponed salary review, suspension of
progression or promotion, apology to the victim and even dismissal from the Firm. If the case
is deemed to warrant it, a police report might also be lodged.
If the investigation shows that all allegations made against the alleged offender were false
then the complainant would be liable to any of the disciplinary sanctions listed above, as the
case may be and in fulfillment of the principles of truth and justice.
Protection against retaliation
Every employee is entitled to work in an office free of discrimination or harassment. In this
respect employees should not be afraid or feel guilty about confronting the offender and/or
reporting the case in a formal way. EMCS strongly forbids any form of retaliation against
an employee who opposed harassment or discrimination, or against witnesses who
participate during such an investigation. Therefore, retaliation would be considered as a
breach of this policy and the individual who retaliates would be subjected to the same
disciplinary procedure and consequences, including dismissal
Should any individual not be satisfied with the remedy provided following an investigation,
s/he may contact the National Commission for the Promotion of Equality (NCPE).
The complete Complaints procedure can be found on Complaints (gov.mt).