JCPC/2025/0041
•
EMPLOYMENT
Noor Ahmad Dilmohamed (Appellant) v Aricent Technologies Mauritius Ltd (Respondent) (Mauritius)
Contents
Case summary
Case ID
JCPC/2025/0041
Jurisdiction
Mauritius
Parties
Appellant(s)
Noor Ahmad Dilmohamed
Respondent(s)
Aricent Technologies Mauritius Ltd
Issue
Did the Supreme Court of Mauritius err in upholding the ruling of the Industrial Court that the termination of the appellant’s employment was justified on the ground of redundancy?
Facts
ATML is part of the Aricent group of companies (“the Group”), which consists of several companies throughout the world. Mr Dilmohamed was in the continuous employment of ATML since 15 July 2009 and occupied the post of Senior Manager of Finance. His employment terminated on 31 October 2014. According to ATML, the Group had been experiencing financial difficulties in the years leading up to and around 2014, which resulted in a global restructuring of the Group’s operations. It was ATML’s contention that a series of decisions had to be taken which impacted a number of subsidiaries within the Group, including ATML. In the context of this restructuring, the post held by Mr Dilmohamed was made redundant and his duties were partly taken over by other entities and office holders within the Group. Mr Dilmohamed’s case was that the termination of his employment was unjustified. However, at first instance, the Industrial Court of Mauritius found that the termination of Mr Dilmohamed’s employment as a result of him being made redundant in the context of the restructuring was justified. On appeal, the Supreme Court of Mauritius upheld the Industrial Court’s ruling. Mr Dilmohamed now seeks to appeal to the Judicial Committee of the Privy Council (“JCPC”).
Date of issue
15 May 2025
Case origin
PTA