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Employment

We cover all aspects of employment law, including both advisory and contentious matters, helping our clients meet their workforce objectives. 

We partner with our clients, wherever they do business, to find solutions and manage risk in relation to their employment, incentives and pensions legal challenges and objectives. We aim to avoid litigation and find solutions that are not detrimental to the employer-employee relationship.  

Our lawyers prosecute and chair disciplinary committees in relation to employee issues and appear before the various courts of Mauritius in relation to employment matters. 

Our global reach and local knowledge means that we can partner with clients to drive consistency, deliver cost savings and help them identify and manage their priorities and risk across multiple locations.  

Our services also includes advice and counseling, workplace investigations, drafting or reviewing of employment contracts/regulations, and assistance in international issues which may arise in relation to employment law. Moreover, we assist foreigners looking to live and work in Mauritius.

Our lawyers help clients create a legally compliant and diverse workforce. In turn, this helps our clients harness the benefits of being a proactive and fair employer. 

Businesses that show they truly value diversity, encourage respect for individuals and promote equality through a methodical approach, are far better placed to recruit and retain the best talent, which is essential in times of both economic uncertainty and prosperity. 

Our lawyers further promote equal opportunity through the recruitment and promotion processes.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our lawyers have years of experience in dealing with collective employment and traditional labor matters and disputes, and are ideally placed to advise, guide and represent employer clients domestically and internationally. 

Whether employers are focused domestically or multi-nationally, the laws relating to an employer’s relations with its workforce are becoming increasingly critical and central to corporate strategy.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our lawyers represent clients in a wide range of employment disputes and understand the legal, business and procedural developments in Mauritius and beyond. 

Through innovative dispute resolution strategies and effective case management, we aim to identify and execute the most advantageous business-oriented solutions, either by pursuing or defending litigation or arbitration proceedings, or through alternative methods, such as mediation.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

The growing global focus on anti-corruption and corporate misconduct, data privacy, business and supply chain ethics, as well as aggressive enforcement by regulatory authorities puts compliance at the top of many of our clients' agendas. 

Our lawyers advise our clients regularly on these issues, working with them to plan the best approach for their business and partner with them through implementation and beyond.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

The issue of how to properly reward and motivate management and staff at all levels while satisfying other key stakeholders is one which concerns most organizations. 

Our lawyers have considerable experience in developing and implementing cost-efficient reward, compensation arrangements and stock-based incentive schemes tailored to each client's unique human resource and corporate strategy. 

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Confidential information is often one of the most valuable assets of a business. In this challenging economic climate, there has never been a greater need for employers to protect that information. 

Our lawyers have experience in dealing with disputes around misuse of confidential information and unlawful competition by employees and directors, as well as challenges in protecting confidential information, particularly with the growth of new technology and social media.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

A smooth reorganization, restructuring, outsourcing or reduction in force hinges on early identification of a clear people strategy, a sensible understanding of how that strategy affects the commercial aspects of the change proposal and the development of a systematic approach to implementation. 

Our lawyers have helped clients through processes involving international re-alignments, complex outsourcing and insourcing arrangements and pre and post-merger/acquisition integrations.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Experience has included advising:

  • A major international company with regards to a transfer of undertaking where 100 employees were concerned.
  • A leading international information technology consultancy IBL Ltd and other companies with respect to employment law matters and conducting litigation before the Industrial Court of Mauritius and on appeal before the Supreme Court.
  • Employers and conducting litigation on health and safety issues.
  • Clients with regard to the non-competition and restraint of trade clauses in their master contract of employment.
  • Several clients in relation to the application for occupation permits, residence permits and work permits.

COVID-19 and its effect on employment law in Mauritius

In an attempt to curb the spread of the COVID-19 in Mauritius, the government took the decision to extend the sanitary curfew until 15 April 2020. Employers around the world are facing similar challenges, dealing with government-mandated shutdowns, sick and self-isolating employees, homeworking arrangements and economical constraints.

Redundancy - A new challenge

With the advent of the Workers’ Rights Act (“WRA”), we have seen our labour laws being challenged in many ways in Mauritius. At first, our attention was quickly grasped by the additional leaves which have been brought by the WRA, the calculation of the end of year bonus and, more especially, by the new definition given to the word ‘worker’ under the WRA. We should, however, realise that these are not the only elements which will affect the financial impact which the WRA is having on our economy.

Recent judgment on restrictive covenant in employment law

Nabridas ltd v Coombes [2018] SCJ 142, a recent judgment of the judge in chambers of the commercial division of the Supreme Court, sheds light on the enforceability of a restrictive covenant clause in a contract of employment.

Employment of non-citizens (spouses)

The Non-Citizens (Employment Restriction) Exemptions Regulations had been amended on 21 and 28 March 2019 respectively to the effect that foreigners who were married to Mauritian citizens would have had to apply for a permit should they have been working or intended to work in Mauritius.