A recent ruling has held the African island nation’s highest court has jurisdiction to hear an employment case, a type of dispute reserved by statute for a specialised lower court to handle.
The Mauritius Supreme Court is to hear a dispute over sums allegedly owed in lieu of notice of termination of an employment contract. It is believed to be the first time that the island nation’s highest court has agreed to hear a type and value of case traditionally dealt with by lower-tier courts and tribunals.
The case illustrates the inherent tension between the Supreme Court’s general supervisory powers over all civil and criminal cases, and the Industrial Court’s seemingly exclusive jurisdiction via the Industrial Court Act to hear a variety of matters, including asserted breaches of the Workers’ Rights Act.
Sitting alone, Justice MI Maghooa granted the application by individual Baker Magunda against the respondent company Da Management Services on 23 June.
Magunda secured employment at Da Management Services commencing 23 October 2022, as chief growth officer of the company’s parent company, Dance Africa, a holding company ultimately owned by a Kenyan family. The relationship soured and Magunda resigned, with Da Management Services subsequently suing Magunda in the Mauritius Industrial Court for USD 230,766, a sum asserted as equivalent to six months’ salary in lieu of notice.
A key strand of evidence was Magunda’s resignation letter which alleged constructive...
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