The Appeal
The Appellant, Bayport Management Limited (Bayport)
challenged the decision of the Industrial Court dated 14 June 2023,
which ordered it to pay the respondent, L M Sowkhee
(Sowkhee), one month's wages in lieu of notice and
severance allowance for 98 months of continuous service with
interest at the rate of 12% per annum from the date of termination
to the date of final payment.
The Challenge
The focus of the challenge was the learned magistrate's
finding in law that the Bayport, as an employer, had not given to
Sowkhee, the employee, the statutory notice under section
64(2)(a)(iii)of the Workers' Rights Act.
Section 64(2)(iii)of the WRA reads as follows: –
"64. Protection against termination of agreement