The Workers’ Rights Act 2019 (the “WRA”) specifically provides that if a worker and employer wish to part ways, they may do so by way of a compromise agreement, which must be vetted by the worker’s legal representative, trade union or representative of the Ministry of Labour, Human Resource Development and Training (the “Ministry”).
The aim of the provision of the law is to protect workers from being easily conned by devious employers into signing settlement agreements.
In a matter before the Redundancy Board (RB/RN/24/2023), the Applicant, a former employee sought severance allowance from his former employer for having terminated his employment without complying with the redundancy process as provided in the WRA.
Prior to the former employee’s termination, a compromise agreement was reached by the parties which was vetted by a Labour Officer, being the representative of the Ministry.
The former employee argued that there were no negotiations between the parties and the Labour Officer was not an independent advisor as she had not given him certain advice.
In its latest Order dated 27th February 2024, the Redundancy Board set aside the application and declined to grant an order for severance allowance by stating that the compromise agreement cannot be deemed to be invalid since it was vetted by the Labour Officer – as such upholding the spirit of compromise agreements.
Disclaimer The information provided above is for information purposes only. It is not intended to provide legal advice or opinion of any nature whatsoever. Please refer to your professional advisers for specific advice.
About the authors:
Faarzaad Soreefan, Barrister at Law
Wasiimah Eckburally, Legal Executive
Temple Law is a Mauritian law firm holding experience in dedication to a broad general practice of law and is the exclusive member of Meritas Law Firms Worldwide in Mauritius. For more information on our law firm, please visit our website on www.temple.mu
