Sued for breach of contract: Air Mauritius wins case against its former pilot

Airline pilot Gérard Alain René Antoine will have to take a stand on 17 June 2016 following the interlocutory ruling delivered by the Industrial Court in his plaint lodged against his employer, Air Mauritius. Magistrate Mrs Keynawtee Bissoonauth, the Vice President of the Industrial Court, has ruled out the plaintiff’s claim for a total sum of Rs 332,443 and 22,548 euros (around Rs 1 million) representing unpaid emoluments allegedly due to him as a result of his employment with the defendant. Before the trial, Air Mauritius raised a point of law contesting the jurisdiction of the industrial Court to entertain the present action. The plea in limine reads as follows: “In view of the fact that the relevant provisions of the Employment Rights Act do not apply to the plaintiff whose salary exceeds Rs 360,000 yearly, the Industrial Court has no jurisdiction to hear this dispute.” On his part, the pilot’s counsel claimed the airline admitted that his client was suspended with pay from the 1st January 2012 pending the determination of the criminal case and the outcome of any disciplinary proceeding. “The plaintiff might have a claim for alleged non-payment of salaries, bonus, allowances and retention funds,” the Magistrate concluded in her judgement.