Scribd
Upload
21 views1 page

Al Kiyumi (2013)

The document discusses the need to reinvent labor laws in Mauritius to better protect employees. Specifically, current labor laws are unclear in their definitions of unfair dismissal and lack procedural fairness. This gives employers too much arbitrary power to end employment contracts without justification. Reinventing labor laws could help define unfair dismissal and require employers to provide notices and opportunities for employees to respond to misconduct charges prior to dismissal. This would help ensure dismissal practices follow basic human rights principles.

Uploaded by

El Naseerah
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
21 views1 page

Al Kiyumi (2013)

The document discusses the need to reinvent labor laws in Mauritius to better protect employees. Specifically, current labor laws are unclear in their definitions of unfair dismissal and lack procedural fairness. This gives employers too much arbitrary power to end employment contracts without justification. Reinventing labor laws could help define unfair dismissal and require employers to provide notices and opportunities for employees to respond to misconduct charges prior to dismissal. This would help ensure dismissal practices follow basic human rights principles.

Uploaded by

El Naseerah
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 1

As decades past by, new labor rights are bound to be put in place.

Reinventing labor laws is necessary to


balance out our constantly evolving working environment. Workers in the modern era are more
demanding of their rights compared to the past. An educated workforce demands to be treated
rightfully. This is where the importance of reinvention of labor laws is highlighted.

Moreover, labor laws may need to be reviewed and reinvented as it could be improved to better shield
employees in Mauritius. For instance, the reinvention of labor laws may become necessary as some laws
such as unfair dismissals are unclear and not specific. Al Kiyumi (2013) points out that unfair dismissal is
a phenomenon that impacts on the employee, the employer, the employee’s wider family network and
society. It is known that in Mauritius the employment laws are formed on the basis of the common law.
Therefore, the employment law provides employers with authority and arbitrary powers to end the
employment contracts of employees, with or without notice and it does not require a just nor
reasonable explanation. Brassey (1993) points out a finger at the common law for permitting employers
to have the upper hand in bargaining irrespective of whether this power is dominant or oppressive. If
this higher bargaining power does not include any illegal or immoral activity, it is overlooked by the
common law. The misuse of the power of dismissals given to employers by the common law has lead to
the need to review the law. The case of Ridge v. Baldwin shows that the employer must follow the
changes made to the termination of employment contracts. Protection against termination of
employment contract is provided for under section 38 of the Employment Rights Act 2008 (ERA) and
section 38(2)(a)(ii) ERA specifically states that the worker has been afforded an opportunity to answer
any charge made against him in relation to his misconduct. As the labor laws of Mauritius lack specific
definitions of unfair dismissals or procedural fairness, the reviewing authority and Supreme Court of
Mauritius may decide to take both definitions as they will. It can be analyzed that the employment
legislation whether in the repealed Labor Act of 1975 or the ERA, a clear definition of the term
“dismissal “has still not been stated. The employment laws have stated in which appropriate situation
dismissal should be conducted or avoided. Moreover, the reinvention of employment laws, more
specifically unfair dismissal laws are required as notices are only provided to workers when the case
does not involve misconduct. The question here is why notices aren’t provided to employees that have
been involved in misconduct within the workplace. The reinvention of labor laws is necessary as it does
entitle all workers protection. Humans are bound to make mistakes within the workplace, intentionally
or not. The differential treatment to employees who have been involved in misconduct can be viewed as
a violation of basic human rights. The case of Vishnu Caniah v. Constance Hotels Services Ltd, where the
low productivity was seen as act of misconduct by the court and written off a summary dismissal. The
plaintiff’s perspective was that the dismissal was unjust as he had not been provided with notice of
termination nor had he been allowed to answer the charges. The court on the other hand, argued that
the summary dismissal was justified. Nevertheless, this particular aspect of the common law of dismissal
has raised concerns amongst several scholars and jurists when applying the concept of human dignity to
the context of dismissal.

You might also like