Question 1:
a) What are the implied obligations of an employer and an employee under a contract of employment?
b) In what circumstances should an employer pay severance allowance to his employee?
Question 2:
(a) How far does the English definition of misconduct differ from the French definition of misconduct?
(b) Section 38 (2) of the Employment Rights Act provides that “no employer shall terminate a worker’s agreement unless he has within 10 days of the day on which he becomes aware of the misconduct, notified the worker of the charge made against the worker and the worker has been afforded an opportunity to answer any charge made against him in relation to his misconduct”.
What meaning has the court given to the words?
(i) The day on which the worker becomes aware of the misconduct.
(ii) An opportunity to answer the charge.
Question 3:
Outline the history of Labour Laws in Mauritius.
Question 4:
a) In what circumstances can an employer raise the defence of abandonment of work?
b) Section 12 of the Industrial Court Act 1973 has set up a reviewing authority.
(i) What is the aim of the reviewing authority?
(ii) Is there a right of appeal from the decision of the reviewing authority?
(iii) Can a judgment which has already been reviewed be further appealed from?
(iv) What happens when the review is not granted?