Summary Dismissal

• Criticisms of Summary Dismissal in Mauritius


  • Lack of Notice
  • Absence of Justification
  • Limited Access to Redress
  • Power Imbalance
• Lack of Notice

  Summary dismissal denies employees the opportunity to receive any prior notice of termination
• Absence of Justification


  Summary dismissal is criticized for not requiring employers to provide any valid justification or reason for termination
• Limited Access to Redress


  Employees may not have sufficient time to collect evidence or seek legal advice, making it difficult for them to challenge their dismissal
• Power Imbalance


  Summary dismissal further enhances the power imbalance between employers and employees
• Remedies Related to Summary Dismissal in Mauritius


  • Filing a Complaint
  • Mediation and Conciliation
  • Legal Action
  • Compensation for Unfair Dismissal
• Filing a Complaint

  Employees can file a complaint with the relevant authority, such as the Ministry of Labour, Industrial Relations, and Employment
• Mediation and Conciliation

  Provide a platform for employers and employees to discuss and negotiate a resolution in an impartial and guided manner
• Legal Action


  Employees can take legal action against their employers by filing a case in the appropriate court
• Compensation for Unfair Dismissal

  Employees may be entitled to compensation if the summary dismissal is found to be unfair or in violation of employment laws
• Summary dismissal


  Termination of an employee's employment contract without any notice or warning
• Summary dismissal

  • It is an extreme measure taken by an employer when the employee's actions, conduct, or performance is considered so severe or detrimental that it warrants immediate termination
  • It is typically used when an employee has committed a serious breach of their employment contract or has engaged in misconduct that significantly impacts the workplace
  • It can also be applied when an employee's behavior is in clear violation of important internal policies or legal obligations
• When an employee is summarily dismissed


  1. They are immediately relieved of their job duties and are no longer required to report to work

  2. They may not receive any notice period, payment in lieu of notice, or severance pay
• Situations that may lead to summary dismissal

  • Theft or fraud
  • Serious insubordination
  • Harassment or violence towards colleagues
  • Deliberate damage to company property
  • Serious breach of health and safety regulations
• It is crucial for employers to carefully consider the circumstances before deciding to resort to summary dismissal as it is a drastic action that should only be taken when necessary
• Employees who feel they have been unjustly summarily dismissed may have the option to challenge the decision through legal means or by filing a complaint with the appropriate labor authority