Section 50: Section 113 of Constitution – Termination of employment after second

50. Section 113 of Constitution – Termination of employment after second general election after appointment—Plaintiff was appointed Director of the Industrial and Vocational Training Board for an initial period of two years and was subsequently appointed Director in a permanent capacity in 1991, with new conditions of employment. General elections were held subsequently in 1991 and 1995. Plaintiff was informed in April 1996 that his employment had been terminated under section 113 (4) of the Constitution and in accordance with section 37A of the Labour Act. Plaintiff argued that the termination of his employment was unjustified because section 113 (4) of the Constitution did not apply in his case. The issue was whether section 113 (4)of the Constitution applies to the termination of Plaintiff’s employment and, if so, whether the conditions of employment have been affected by section 113 (4). HELD section 113 (4) of the Constitution does apply to the termination of Plaintiff’s employment which took place after the second general election after his appointment. This provision was enacted to allow a new Government to terminate the employment of officers in important functions whom the Government considered to have been political appointees of the previous regime. The plain meaning of section 113 (4) of the Constitution is that the only compensation for loss of office following a termination of employment is provided for in section 37A of the Labour Act. The intention of section 37A of the Labour Act was to limit the payment of compensation for loss of [Issue 1] CON – 180 Revised Laws of Mauritius office following termination under section 113 (4) of the Constitution. Munbodh v Industrial and Vocational Training Board (2005). PART V – HUMAN RIGHTS AND FREEDOMS