Summary Of Recent Case Law In Mauritius

ALEXANDER VAN HOEKEN V AFRICA TECHNICAL SERVICES LTD

Security For Costs

On 2 August 2017, the Industrial Court of Mauritius (Industrial Court) awarded a historic amount of MUR 100,000 [± USD 3,000] as security of costs. This decision is significant in three respects. Firstly, it highlights the readiness of the Industrial Court to adjust to the changed Mauritian employment landscape which now accommodates an increasing number of foreign employees at all levels of an enterprise and uphold their statutory employment rights or under Mauritius law generally. Secondly, against this landscape, this decision reflects a conscious effort by the Industrial Court to balance the equally important right of employers to be guarded against the risks of what may turn out to be non-meritorious employment claims. Finally, the amount awarded is the first of its kind as it is the first time that such an amount has been awarded by the Industrial Court.