Manish Meeheelaul (Appellant) v Maubank Ltd (Respondent) (Mauritius)

Hearing listed

Case summary
Appeal
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Case summary

Case ID

JCPC/2024/0018

Jurisdiction

Mauritius

Parties

Appellant(s)

Manish Meeheelaul

Respondent(s)

Maubank Ltd

Issue

Was the Supreme Court of Mauritius correct in holding that the Respondent bank was legally entitled to stop remunerating the Appellant in the course of disciplinary proceedings against him, pursuant to section 37(7)(b) of the Employment Rights Act 2008?

Facts

The Appellant was employed as Head of Private Banking Division at the Respondent bank. On 5 October 2015, he was suspended on full pay for allegedly failing to conduct a proper, professional and careful credit appraisal of certain corporate clients, thereby putting the interest of the bank at risk. Between 2016 and 2018, the Respondent set up two consecutive disciplinary committees to hear the Appellant. On 10 March 2018, following multiple postponement of committee hearings, the Respondent stopped paying the Appellant’s wages. The Appellant lodged a complaint before the Ministry of Labour and Industrial Relations alleging that the Respondent’s decision to stop his remuneration and benefits was a breach of his employment contract. He also claimed that, as a result of that breach, the employment contract was terminated under section 36(4) of the Employment Rights Act 2008. He claimed a total sum of Rs 8,171,388.81 (approximately £135,000) from the Respondent, together with interests and costs. The Industrial Court dismissed the claim and held that the Respondent was legally entitled to stop the Appellant’s salary pursuant to section 38(7)(b) of the Employment Rights Act 2008. The Supreme Court of Mauritius dismissed the appeal. The Appellant now appeals to the Judicial Committee of the Privy Council.