Michel Lafresiere (Respondent) v New Mauritius Hotels Ltd (Appellant) (Mauritius)

Case summary

Case ID

JCPC/2022/0023

Jurisdiction

Mauritius

Parties

Appellant(s)

New Mauritius Hotels Ltd

Respondent(s)

Michel Lafresiere

Issue

Whether the Supreme Court of Mauritius were correct to overturn the Industrial Court's decision that the Appellant had not wrongly and unjustifiably terminated the Respondent's employment.

Facts

The Appellant operates luxury hotels across Mauritius. The Respondent had been in continuous employment with the Appellant as a maintenance manager since the beginning of July 2004. In January 2013, an internal audit exercise was initiated into alleged serious irregularities occurring at the hotels. In 2013, the Appellant terminated the Respondent's employment.On 13 September 2013, the Respondent lodged a Plaint before the Industrial Court of Mauritius claiming that the Appellant had unjustifiably terminated his employment and praying a judgment condemning and ordering the Appellant to pay to the Respondent a severance allowance of Rs 6,258,291.66 plus interest.The Industrial Court of Mauritius held that the Appellant had established that the termination of the Respondent's employment was justified and dismissed the Plaint.The Supreme Court of Mauritius (Appellate Jurisdiction) allowed the Respondent's appeal, ordering that the decision of the Industrial Court be reversed, substituting judgment in favour of the Respondent. The Appellant now appeals to the Judicial Committee of the Privy Council.

Date of issue

4 March 2022

Judgment details

Judgment date

26 October 2023

Neutral citation

[2023] UKPC 38

Judgment links

Appeal

Justices

Lord Reed

Lord Kitchin

Lord Sales

Lord Leggatt

Lady Rose

Hearing dates

Start date

5 July 2023

End date

5 July 2023

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