C-Care (Mauritius) Ltd (Appellant) v Employment Relations Tribunal and 4 others (Respondents) (Mauritius) - Judicial Committee of the Privy Council

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Case details

C-Care (Mauritius) Ltd (Appellant) v Employment Relations Tribunal and 4 others (Respondents) (Mauritius)

Case ID: JCPC 2021/0071

Jurisdiction: Supreme Court of Mauritius

Case summary

Issue

The key issue is whether the Supreme Court erred in law in finding that the Appellant’s application for judicial review was not made promptly.

Facts

The Appellant is the owner of Welkin Hospital. The Co–Respondents are former employees of the Hospital. On 26 September 2017, the Appellant informed the Co–Respondents that they were being made redundant for economic and structural reasons. The Co–Respondents registered a complaint with the Permanent Secretary of the Ministry of Labour. The Permanent Secretary referred the matter to the Employment Relations Tribunal, the Respondent in this appeal. The Tribunal found that the reduction of the Appellant’s workforce affecting the Co–Respondents was unjustified, and the Appellant was ordered to pay each of them severance allowance.

In December 2018, the Appellant lodged an application before the Supreme Court for leave to apply for a judicial review of the award of the Tribunal. The Appellant claimed that the award and decision–making process of the Tribunal was ultra vires and wrong in law, unreasonable, and irrational. The Respondent and Co–Respondents objected to leave being granted on the grounds that the Appellant had failed to act promptly in lodging the application, and that the application did not disclose an arguable case. The Supreme Court refused leave on the sole ground that the application had not been entered promptly. The Appellant now appeals as of right to the Board.

Parties

Appellant(s)

C–Care (Mauritius) Ltd

Respondent(s)

Employment Relations Tribunal and others

Appeal

Justices

Lord Briggs, Lord Sales, Lord Hamblen, Lord Leggatt, Lord Richards

Hearing start date

13 December 2022

Hearing finish date

13 December 2022