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People

With over 18 years of post-qualification experience, Burty is a Partner at Juristconsult Chambers. His main areas of practice include corporate & commercial, employment and technology.

He provides general corporate representation to various established and emerging businesses in general corporate and commercial law including negotiating and drafting of sale and purchase agreements, shareholders’ agreements, supplier agreements, commercial contracts, security documents and other related documentation in relation to finance transactions.

Burty heads the Employment practice and provides advice on various aspects of employment law including unfair dismissal claims, transfer of undertaking and managing poor performance. He has particular experience in the areas of restrictive covenants, workplace harassment, workplace investigations and employee incentives.

Burty also regularly drafts employment contracts, policies and other employment-related agreements and he conducts and chairs disciplinary committees. He also conducts numerous trainings on various aspects of employment laws.

He has developed a strong focus on advising on regulatory matters in relation to pension funds and on assisting his clients for restructuration and redundancy matters.

Burty’s clients include major Mauritian conglomerates, well established companies and other financial institutions.

Burty is also active in the Technology practice where he has developed a keen interest in Fintech, Blockchain and Digital Assets and the legal issues surrounding Artificial Intelligence and Data Analytics.

He has recently assisted in the preparation and follow up with the regulator in relation to various applications for licences. Burty has also assisted a Seychelles based entity in the Fintech sector in relation to an alleged fraud for the purchase of crypto-currency notably Bitcoins.

Experience has included advising:

  • IBL Ltd for general employment law advice on a regular basis
  • A leading international consultancy, as well as appearing before the various courts of Mauritius
  • A well-established construction company and appearing in arbitration proceedings
  • A international group for the construction and launching of a hotel project in Mauritius
  • A major local insurance company and appearing before Mauritian courts
  • A South African bank on a USD250 million financing from a Mauritian law perspective

Professional Qualifications

  • Barrister-at-law admitted with the Supreme Court of Mauritius (2004)

Education

  • LLB (Hons) University of Mauritius (2001) 

Memberships

  • Mauritius Bar Association

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.

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.