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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.

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.

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.

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.

The purpose of this paper is to analyse the role of women in the small island economy by focussing on the education sector and labour market access. First, we analyse the educational path of women in Mauritius and second we examine the labour market opportunities available to them. We link the two sectors by adopting a gender perspective. Third, we investigate whether the same opportunities are made available to both men and women and whether or not there exist a gender gap in economic participation in the country.

The author used data from the World Bank Development Indicators (2012) for a comparative analysis of the gender situation in Mauritius relative to other African countries. Gender statistics were also made available from the statistical office: statistics, Mauritius. The Global Gender Gap Report (2012) and the SADC Gender Protocol Barometer 2012 were used as secondary data.

The analysis reveals that though girls’ outperform boys at all education levels, starting from primary, secondary and tertiary level, their access to job opportunities are reduced. Female unemployment rate is higher than that of male unemployment and even for those women who manage to enter the labour market, they remain in the low-occupation jobs. This puzzling relationship between good educational performance and female unemployment or low-occupation may first be explained by the wrong choice of subjects at secondary and tertiary levels. Mauritian women are more likely to obtain a degree in education and humanities which are the traditional areas rather than moving to the non-traditional spheres of science and engineering. Hence, not only is it difficult for them to penetrate the labour market which is already saturated in these traditional disciplines but jobs in these fields may not be in the high wage range. Consequently, these subject choices have repercussions for the occupations they choose and the wages they earn. Significant and persistent gaps remain in the fields of study that women and men choose as part of their formal education. These gaps translate henceforth into gender differences in employment and ultimately into differences in productivity and earnings.

No study has focused on the puzzling link between good education performance of girls and their inability to access the labour market in Mauritius.

The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace.

The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed.

The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination.

This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius.

There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.

Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the construction of statutes. Examines the dramatics change of attitude by British judges necessitated by European law and provides some thoughts on the interpretation and construction of enactments by judges. Continues by covering the judge’s interpretation of common law through the doctrine of judicial precedent, with regard to the hierarchy of the courts and persuasive precedents. Cites a number of case examples.

Management: human resources management.

Undergraduate and postgraduate.

This case gives critical insights in the complex issues surrounding the management of employment relationship in Africa, specifically focusing on Botswana. It is set in the context of explosive industrial relations involving Debswana Diamond Mining Company and the Botswana Mine Workers Union over the contentious issues of pay bonus and collective bargaining. Failure to reach an amicable compromise by both parties' results in a debilitating strike which costs the company millions of funds and affected it's the corporate image contrary to its well crafted social responsibility. More painfully, the end game is a loss of employment and dreams shattered for 461 dismissed workers who depended solely on this work as their only source of income.

At the end of reading the case students are expected to: understand the limits of managerial prerogative and the right to manage; appreciate the inherent conflict of interests between labour and capital; consider more equitable compensation schemes in dealing with collective bargaining; and discuss the concept of social responsibility in the context internal customers-employees.

Teaching note.

The Pure Food and Health Society of Great Britain held a conference at the Inns of Court Hotel, Holborn, on May 27. Mr. H. E. MORGAN presided, supported by LORD CAMOYS and Mr. S. F. EDGE. The principal objects of the conference were to discuss (1) the best methods of preventing food frauds and substitutions that are injurious to consumer and honest manufacturer alike; (2) some means of educating the public, preferably by advertisement, so that they can discriminate genuine and good from inferior, worthless, and fraudulent articles.

Looks at the 2000 Employment Research Unit Annual Conference held at the University of Cardiff in Wales on 6/7 September 2000. Spotlights the 76 or so presentations within and shows that these are in many, differing, areas across management research from: retail finance; precarious jobs and decisions; methodological lessons from feminism; call centre experience and disability discrimination. These and all points east and west are covered and laid out in a simple, abstract style, including, where applicable, references, endnotes and bibliography in an easy‐to‐follow manner. Summarizes each paper and also gives conclusions where needed, in a comfortable modern format.

The purpose of this paper is to evaluate management accounting research in developing countries and formulate suggestions for its progression.

This is a desk based study of existing literature analysed through a framework of management control transformation in developing countries derived from the authors' research.

Research is growing, especially on accounting in state‐owned and privatised enterprises but more is needed on small and micro enterprises, agriculture, non‐governmental organisations, and transnational institutions.

This is the first review of this area and thus should help intending and existing scholars.