Luc Guilliey (Appellant) v OCAPAC Mauritius Holding Ltd (Respondent) (Mauritius)

Case summary

Case ID

JCPC/2025/0029

Jurisdiction

Mauritius

Parties

Appellant(s)

Luc Guilliey

Respondent(s)

OCAPAC Mauritius Holding Ltd

Issue

Does the definition of “Annual Basic Salary” in the employment contract between the Appellant and the Respondent (and the annex to that contract) violate the End of the Year Gratuity Act 2001 (“EYGA”)?

Facts

The Appellant, a French national, was employed by the Respondent. His employment contract was deemed to commence from 1 September 2002, taking into account prior service with another company in the Respondent’s group. By a letter from counsel on 24 May 2016, the Appellant notified the Respondent that he considered the employment relationship terminated by reason of the Respondent’s failure to comply with statutory payment obligations. The Appellant argued that the Respondent had structured his annual remuneration as 13 equal monthly payments to evade the statutory obligation to pay a separate end-of-year gratuity under the EYGA. He argued that the thirteenth instalment was misrepresented as being the end-of-year gratuity when in fact it constituted one-thirteenth of the annual basic salary agreed upon. He brought a claim for constructive dismissal, seeking severance allowance and related payments. The Industrial Court summarily dismissed the Appellant’s claim. The Supreme Court held that the Industrial Court had erred in summarily dismissing the claim, but nonetheless dismissed the Appellant’s appeal on the merits. The Appellant now appeals as of right to the Judicial Committee of the Privy Council.

Date of issue

28 April 2025

Case origin

Appeal As of Right

Back to top