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Unfair dismissal in the Mauritius context: a comparative study

Ambareen Beebeejaun (University of Mauritius, Reduit, Mauritius)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 12 November 2018

721

Abstract

Purpose

The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations.

Design/Methodology/Approach

To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness.

Findings

From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy.

Originality/Value

This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.

Keywords

Citation

Beebeejaun, A. (2018), "Unfair dismissal in the Mauritius context: a comparative study", International Journal of Law and Management, Vol. 60 No. 6, pp. 1299-1312. https://doi.org/10.1108/IJLMA-07-2017-0158

Publisher

:

Emerald Publishing Limited

Copyright © 2018, Emerald Publishing Limited

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