Total Mauritius Limited v Abdurrahman

Total Mauritius Limited v Abdurrahman

The respondent's breach of his duty of non-competition, given his senior position, undisclosed shareholding, and direct solicitation of Total's main distributor for competing products, constituted 'faute grave' and justified summary dismissal without entitlement to severance allowance or wages in lieu of notice,...

Source-derived case information.

Parties
Appellant: Total Mauritius Limited; Respondent: Abdurrahman
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Appeal / Final Appellate Judgment (privy Council)
Outcome
appeal allowed
Legal Topics
Summary Dismissal, Severance Allowance, Misconduct, Employment Contract, Duty of Loyalty, Non Competition, Faute Grave, Faute Sérieuse
Employment Law Summary Dismissal Severance Allowance Misconduct Employment Contract Duty of Loyalty Non Competition Faute Grave +1 more

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Parties

Total Mauritius Limited

Appellant

Abdurrahman

Respondent

Procedural Posture

Appeal / Final Appellate Judgment (privy Council)

Legal Issues

  1. 1 Whether the respondent's conduct amounted to 'faute grave' or 'faute sérieuse' under Mauritian employment law
  2. 2 Whether the respondent was entitled to wages in lieu of notice and severance allowance after summary dismissal for misconduct

Ratio Decidendi

The respondent's breach of his duty of non-competition, given his senior position, undisclosed shareholding, and direct solicitation of Total's main distributor for competing products, constituted 'faute grave' and justified summary dismissal without entitlement to severance allowance or wages in lieu of notice, notwithstanding his long unblemished service.

Court Disposition

appeal allowed

Orders

  • Order of the Supreme Court set aside
  • Orders of the Industrial Court President reinstated, including order for respondent to pay appellant's costs