QuestionsGeneral-MiscMy mom has been fired from work for no reason, how to proceed legally
katzhinz asked 8 months ago

Hi redditors, My mom has worked at a prestigious pre-primary school for 9 years. Despite their financial stability, the school has chosen not to participate in the Government's "free schooling programme." My mom, a widow, relies heavily on this job for support and has always been dedicated and rarely takes time off. She is a certified pre-primary teacher with experience dating back to 1990. Today, her boss unjustly fired her, citing an excess of teachers and high travel expenses (as the school is near her residence in Beau Bassin). It is evident that this termination is illegal. Could someone please offer advice on how to proceed legally? What actions can my mom take and what compensation is she entitled to? What might be the outcome if the matter were taken to court? Thank you in advance for your responses. P.S: The dismissal was only communicated orally. No written notice has been given yet.

Ben_from_Tax answered 8 months ago

I’m sorry to hear that,

Firstly I would suggest that she signs nothing that the school gives her regarding her termination, they will likely realise the fuck up soon and try get her to sign something saying she has resigned.

Then I would suggest she goes to the Employment Relations Tribunal or Ministry of Labour in Port Louis and tells them what occurred with any evidence she has. They will visit the school or call the administrators into account. Mauritian law is very pro-employee so it is likely they will have to pay her 3 months for every year worked and then her salary for the length of her notice period.

all_hail_zook answered 8 months ago

Were there witnesses during the conversation where she was fired? If there weren’t, she should continue to go to work until she is issued a termination letter. If there is no just cause, it is unjustified dismissal.Thus, I recommend going to the labour office with the termination letter to make a complaint for unjustified termination. The labour officer should be your guide for the next steps.

Maleficent-Farm-5179 answered 8 months ago

I think you should call the labour office. They really are the best persons to guide you through this. Having dealt with them in the past, i think they do their best.

Hoaxify answered 8 months ago

Tbh if the employer sucks that much, don’t go back there.

JonJonSee answered 8 months ago

Firing someone isn’t illegal.
They will have to pay a few month salaries, a few bonuses etc.

So she has to wait for the letter and ask them how they will compensate her.

If they don’t pay up, then you can go get advices.

Mountainking7 answered 8 months ago

Your best bet is to have her go meet officers of the Labor office for advice and the way forward. Do nothing else.

I would also have asked for a termination of employment letter….

LegisMoris answered 8 months ago

Labour Office or see an Attorney-at-Law.

MightyAsh1337 answered 8 months ago

With the recent labour law, an employer cannot terminate someone.
They will need to go through disciplinary commitee to fire someone.
Unless, your mum did resign.
If your mum decides to resign, they will need to pay her untaken local and eoy bonus on the final pay.
It is the latest labour law.

Chief_Stark answered 8 months ago

It’s not illegal but she is bound to receive a severance package. If she isn’t getting one (or if it’s inadequate) then she needs to take steps so that she is in position to negotiate and/or file a complaint at the labour office.

Also If it’s about restructuring/redundancy, the company cannot make someone redundant without having to go through the redundancy board (if they have more than 15 employees). This is then wrongful dismissal.

Dragging the company to court for severance takes time and money as well. I suggest she plays her cards well. Here’s a play:

1. Get her to write all the details of that meeting. Intent to dismiss counts as well.

2. Let the company give her the termination letter. She can veil the intent by asking for a recommendation letter and dismissal letter to present to labour office to sign up for the workfare programme.

3. Get back to the company asking for a severance package. Maxed out it’s 3months pay per year of service. They will probably try to negotiate. If they counter with a reasonable offer, go for it. If not, register a complaint with the labour office and/or get legal advice.

Labour office or lawyer can mediate and negotiate a severance package. Last resort, drag them to court.

Hope it helps and sorry for the situation your mom is in.

No_Masterpiece1199 answered 8 months ago

And go to the labour office as soon as possible. She could be eligible for the welfare if not too late

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