Boabul (Appellant) v Air Mauritius Limited (Respondent) (Mauritius)
Case ID: JCPC 2015/0073
Jurisdiction: The Supreme Court of Mauritius
Whether the Court of Civil Appeal and trial court misdirected themselves and failed to properly assess the evidence, alternatively made a serious mistake in law, in rejecting the appellants’ case that he suffered wrongful treatment, victimisation and harassment at the hands of the respondent employer. Alternatively, whether exceptional circumstances exist justifying the Board to depart from the trial judge’s findings of fact.
The appellant, an Aeronautical and Mechanical Engineer, joined Air Mauritius in 1991 as an Assistant Engineer. He was promoted to Head of Procurement Ground Support Services in 2000, and to Acting Manager Ground Support Services in May 2002 (which involved additional privileges and responsibilities). But his request to be confirmed as permanent Manager was rejected in November 2002, as was his application for another managerial role in March 2004. From that date, his company car and allowances were withdrawn and he was transferred to a documentation role in Head Office and then transferred three further times.
The appellant alleged that Air Mauritius had acted mala fide, and that he had suffered humiliation, victimisation and harassment, causing him damage and prejudice amounting to Rs 20 million. The judge dismissed his claim. The Mauritian Court of Civil Appeal dismissed his further appeal, and he now appeals to the Judicial Committee.
Air Mauritius Limited
Lady Hale, Lord Kerr, Lord Hughes
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Hearing finish date