The Mauritian law of procedural fairness within the context of dismissal for misconduct : a comparative study with the South African doctrine of unfair labour practice.
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Date
2001
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Abstract
The main premise of this treatise is to discuss the Mauritian Law of
Procedural Fairness within the context of Dismissal for Misconduct: A
comparative study with the South African Doctrine of unfair Labour
Practice. It analyses in detail the types of misconduct that eventually
leads to the dismissal of an employee. The dismissal has not only to be
substantively fair but also procedurally fair.
To support the views expressed in the research, reference has been made
to labour law cases decided mainly in Mauritius and South Africa. There
are, however, references to other jurisdictions such as India, England,
Australia, Namibia.
The major constraint that the researcher encountered was the
unavailability of decided cases referred from the Industrial Court of
Mauritius. Most of the cases referred to in the Mauritian context are the
Supreme Court decisions on dismissals due to misconduct. Thus for lack
of relevant cases in Mauritius, there is a heavy reliance on cases decided
in South Africa and other jurisdictions. These references have
constructively enhanced the legal dimension of the topic under
discussion.
Description
Thesis (LL.M.)-University of Durban-Westville, Durban, 2001.
Keywords
Unfair labour practices--South Africa., Unfair labour practices--Mauritius., Theses--Law.