QUESTION 1

I. Sandy has been working for Bean Canning Ltd for 9 years

Last Monday Sandy was called to the Manager's Office and verbally informed that her employment was terminated. She was given 2 weeks' remuneration in lieu of notice and was asked to leave the premises of Bean Canning Ltd

II. Sandy asked the Manager to explain why her employment contract was terminated. The Manager replied that he had never signed any written agreement with Sandy and, therefore, there was no contract of employment between Bean Canning Ltd. and Sandy. The Manager added he did not owe Sandy any explanation as to her termination of employment

Advise Sandy on the following issues

(a) Is there a contract of employment between Sandy and Bean Canning Ltd. in the present circumstances?

(b) Is their any legal duty upon an Employer to state the reason(s) of termination of employment of a worker under the provisions of the Employment Rights Act 2008?

(c) Does the 2 weeks' remuneration in lieu of notice for the termination of the employment of Sandy with Bean Canning Ltd. meet the provisions of the Employment Rights Act 2008?

(d) Can the action of the Manager in the said circumstances be justified if he had merely told Sandy that she was dismissed for misconduct? If not, why not?

(e) Sandy wishes to enter a case for unfair dismissal and she is seeking advice as to which Court she should take her grievance?

(f) In fact, Sandy strongly believes that she was dismissed from work because she was an executive member of Bean Canning Workers Union (BCWU), which has threatened general strike if safety measures at work are not improved

Under such circumstances, does Sandy still have a legal course of action against Bean Canning Ltd.?

QUESTION 2

Reaz is the newly elected Chairperson of Handymen Services Union (HMSU) which represents 85% of handy men at Secure Cleaning Ltd. HMSU is registered and holds a registration certificate from the Registrar of Associations. However, Secure Cleaning Ltd. has refused to recognise HMSU as a bargaining agent to negotiate for a forthcoming collective agreement Advise Reaz as to the procedure he must follow as per the provisions of the Employment Relations Act 2008 for HMSU to obtain recognition as a bargaining agent

QUESTION 3

There has been considerable development since the Industrial Associations Ordinance of 1938, which provided the first piece of comprehensive framework for Industrial Relations in Mauritius
Discuss

QUESTION 4

The Permanent Arbitration Tribunal which existed under the repealed Industrial Relations Act 1973 has been renamed the Employment Relations Tribunal under the Employment Relations Act 2008. Discuss the constitution, the powers and the functions of the Employment Relations Tribunal

QUESTION 5

Answer both parts of this question

a. Briefly state the various sources of Labour Law in Mauritius?

b. One of the fundamental requirements of a valid contract of employment is the mutual consent of the contracting parties. Under what circumstances is mutual consent vitiated?