Chandradev Appadoo v SBM Bank (Mauritius) Ltd (Mauritius); Chandradev Appadoo v SBM Bank (Mauritius) Ltd No 2 (Mauritius)

Chandradev Appadoo v SBM Bank (Mauritius) Ltd (Mauritius); Chandradev Appadoo v SBM Bank (Mauritius) Ltd No 2 (Mauritius)

There was no evidential basis for the Industrial Court’s finding that Mr Appadoo’s employment was terminated by mutual agreement on 24 November 2012. The Supreme Court was correct to reverse this finding as perverse and unsupported by evidence. The correct period of continuous employment was 37 years, entitling Mr Appadoo to the full severance allowance. On interest, the refusal to award any interest was unjustified; interest should be awarded at the legal rate of 4.5% from the date of the Industrial Court’s judgment.

Parties
Appellant/cross Respondent (in Main Appeal); Respondent/cross Appellant (in Cross Appeal): Chandradev Appadoo; Respondent/cross Appellant (in Main Appeal); Appellant/cross Respondent (in Cross Appeal): SBM Bank (Mauritius) Ltd
Jurisdiction
England and Wales
Judgment Date
13 April 2026
Procedural Posture
Appeal and Cross Appeal From Supreme Court of Mauritius (employment/industrial) / Final Judgment of Privy Council
Outcome
Appeal dismissed; cross-appeal allowed in part
Legal Topics
Unfair Dismissal, Severance Allowance, Continuous Employment, Interest on Judgment, Appellate Review, Termination of Employment
Employment Law Labour Law Unfair Dismissal Severance Allowance Continuous Employment Interest on Judgment Appellate Review Termination of Employment

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Parties

Chandradev Appadoo

Appellant/cross Respondent (in Main Appeal); Respondent/cross Appellant (in Cross Appeal)

SBM Bank (Mauritius) Ltd

Respondent/cross Appellant (in Main Appeal); Appellant/cross Respondent (in Cross Appeal)

Procedural Posture

Appeal and Cross Appeal From Supreme Court of Mauritius (employment/industrial) / Final Judgment of Privy Council

Legal Issues

  1. 1 Whether the Supreme Court of Mauritius erred in law in reversing the Industrial Court’s finding of a break in continuous employment between 24 November and 24 December 2012
  2. 2 Whether the Supreme Court erred in refusing to award interest on the severance allowance

Ratio Decidendi

There was no evidential basis for the Industrial Court’s finding that Mr Appadoo’s employment was terminated by mutual agreement on 24 November 2012. The Supreme Court was correct to reverse this finding as perverse and unsupported by evidence. The correct period of continuous employment was 37 years, entitling Mr Appadoo to the full severance allowance. On interest, the refusal to award any interest was unjustified; interest should be awarded at the legal rate of 4.5% from the date of the Industrial Court’s judgment.

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

  • Mr Appadoo is entitled to severance allowance for 37 years’ continuous employment in the sum of Rs 88,194,796.
  • Interest at 4.5% per annum is awarded on the severance allowance from the date of the Industrial Court’s judgment to the date of final payment.