Valid reasons that justify the termination of employment are misconduct and poor performance. An employer can terminate an employee's contract for reasons related to misconduct provided that:-
- Employer cannot in good faith take any other course of action;
- Employee has been afforded an opportunity to answer any charge made against him in relation to the misconduct;
- Employee has been notified of the misconduct, within ten days of the day on which the employer became aware of it;
- Worker has been afforded at least seven days' notice to answer any charge made against him;
- Termination is effected not later than seven days after the worker has answered the charge made against him, or where the charge is subject to an oral hearing, after completion of the hearing.
A disciplinary hearing will be required for justified termination before an employer terminates its employee's contract of employment.
However, an employer will not be able to terminate an employee's contract of employment based on the following reasons:-
- a worker’s race, colour, caste, national extraction, social origin, pregnancy, religion, political opinion, sex, sexual orientation, HIV status, marital status or family responsibilities;
- a worker’s absence from work during maternity leave;
- a worker’s temporary absence from work because of injury or sickness duly notified to the employer and certified by a medical practitioner;
- a worker becoming or being a member of a trade union, seeking or holding of trade union office, or participating in trade union activities outside working hours or, with the consent of the employer, within working hours;
- the worker’s filing in good faith of a complaint, or participating in proceedings against an employer involving alleged breach of any terms and conditions of employment;
- a worker’s exercise of any of the rights provided for in the Employment Rights Act 2008 or other enactment, or in such agreement, or collective agreement or award.
*Definition of Worker:- A worker describes a person who has entered into, or works under an agreement or contract of apprenticeship, other than a contract of apprenticeship regulated under the Mauritius Institute of training and Development Act, whether by way of casual work, manual labour, clerical work or otherwise and however remunerated.