IN THE SUPREME COURT OF MAURITIUS

In the matter of:Mr. Yuvraj JOGANAH, a Human Resource Manager,

residing at Flat B1, Dreamton Park, Avenue des Tulipes, Quatre Bornes
Plaintiff
V/s
Airway Coffee Co. Ltd, having its registered office at
BPML Industrial Building, Phase 2, Beau Vallon, Mahebourg.
Defendant
PLAINT WITH SUMMONS:1. Defendant is a company incorporated in Mauritius and bears Company
No.087180, having its registered address at BPML Industrial Building, Phase
2, Beau Vallon, Mahebourg. A copy of the certificate from the Registrar of
Companies is tendered as Document 1. Defendant operates in the catering
business within the SSR International Airport.
2. Plaintiff was employed as a Human Resources Manager by Defendant on an
initial contract of employment (Initial Contract) dated 11th October 2013;
Plaintiffs site of work was at Beau Vallon, Mahebourg; a copy of the Initial
Contract is tendered as Document 2.

3. Plaintiff avers that the terms and conditions of his Initial Contract were, inter
alia, as follows:(a) The contract was for a period of five years, effective as from 24 th October
2013, and ending on 23rd October 2018;
(b) He would be entitled to a basic monthly salary of Rs.50,000.- inclusive of
travelling;
(c) He would perform 3 months probation.
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4. In pursuance of his contract of employment, Plaintiff was also earning a

monthly telephone allowance of Rs.1000.5. After the 3 months probation which Plaintiff successfully completed, the
Defendant drew a second contract of employment (the Second Contract)
dated 17 February 2014, effective with immediate effect; a copy of the
Second Contract is tendered as Document 3. By letter dated 04th February
2014, the Operation Manager of Defendant confirmed Plaintiffs employment
as Human Resource Manager on a permanent basis. A copy of confirmation
letter is tendered as Document 4.
6. In the Second Contract, Plaintiff was entitled to the following
(a) a pay rise from a basic monthly salary of Rs.50,000.- to Rs.65,000.(inclusive transport cost);
(b) In addition to his monthly remuneration of Rs.65,000.-, an end of year
bonus representing one months salary and payable at the end of each
year in accordance with the applicable law and regulations.
7. The other terms and conditions of the Second Contract were, inter alia, as
follows:(a) Due to his duties, level of responsibility and seniority, he had the
autonomy to organise his working hours.
(b) He would not receive financial compensation in case of overtime, given
his remuneration.
(c) He would have to head the Human Resources Department and
monitor the performance of the companys staff and compliance.
(d) He would have to report to the General Manager of Defendant or to
such other person as may, from time to time, be instructed by
Defendant.
(e) He would be required to notify the General Manager within a
reasonable time whenever he would take his leaves.
(f) He would be required to keep all information relating to the business of
the Defendant strictly confidential at all times even after termination of
contract;
(g) The contract of employment may be terminated under the following
circumstances :2

(i) At any time after successful completion of the probation period of

three (3) months by any party subject to giving one months prior
written notice of such termination to the other party.
(ii) by mutual agreement between the parties.
(iii) Subject to the provisions set out in the Employment Rights Act
2008.
8. Plaintiff avers that in addition to his basic monthly salary from the Second
Contract, he was also earning, as per his pay-slip, a telephone allowance of
Rs.1000. Plaintiff avers that his monthly remuneration was, accordingly,
Rs.66,000.-

under the Second Contract. A copy of Plaintiffs pay-slip is

tendered as Document 5.

9. By an email sent on 16th April 2014 to the Defendants Chief Operating

Officer (COO), Mrs Nandanee Soornack, being one of the Defendants
directors, informed that she should be treated like other staff and hence
she was to receive a salary every month. A copy of email, tendered as
Document 6, reads as followsDear Bhavesh!
I believe I have already request you to do so! Please follow up my
instruction as advised. As for the other director they can come whenever
they want, I dont have any problem.
Please note its an order not a request! As I have the full right to do so!
For the salary its was clear enough to you! As am working like other
staffs! Attending the office and most of all helping in the kitchen and serve
passenger as well also trying to look for catering other places! without
thinking who I AM! Just to promote the company if others want to do so!
They are the most welcome! And please note also that am doing all this
since the company existed without any salary!
As for the dividend will share between 2 directors as we use to do but
after deducting my monthly salary!
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A promise is respected when others respect yours!

Thanks for your understanding!
Regards the Director( NS)
9. By an email received on 16 th April 2014, at 16.20 hours (Local time),
Defendants Chief Operating Officer asked Plaintiff to process a salary of
Rs.250,000. for Mrs Nandanee Soornack at the end of each month as
the director was working for the company as an employee as well. A copy
of email, tendered as Document 7, reads as follows:
Dear Yuvraj,
As instructed by Madam, Please process a salary of Rs 250,000 for her at
the end of every month as shes working for the company as an employee
as well. Ill let you know her bank details tomorrow,
Thanks & Rgds
Bhavesh Ramchurn
Chief Operating Officer
10. Plaintiff avers that the payroll of all the employees is electronically
generated by the Defendants Sicorax payroll system; since Mrs
Nandanee Soornack was to receive a salary as an employee, her name
was automatically included in the electronically generated payroll of all
employees.
11. By an email sent on 25 April 2014 at 16.06 hours (Mauritian time) to
Defendants then two directors (including Mrs Nandanee Soornack),
Plaintiff attached a detailed report of salary for all Defendants staff and
variance for last two months, which report included

Mrs Nandanee

Soornack as part of staff. The same email was sent to the Defendants
General Manager, the COO and the Production Manager, as has been
Plaintiffs practice since Plaintiff started working for Defendant. A copy of
email, tendered as Document 8, reads as followsDear Madam / Mr Rakesh,
Kindly find attached detailed report of salary for all staff and variance for
last 2 months.
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Have a nice week-end.

Regards
Yuvraj Joganah
12. By an email received on 25th April 2014, at 14.40 hours (Italian time),
Defendant, acting through its director Mrs Nandanee Soornack, wrongfully
and summarily dismissed Plaintiff from work with immediate effect on the
ground that Plaintiff has included her name among the staff list. A copy of
email,

tendered as Document 8, reads as follows

Dear Yuvraj!
Am sorry but you are sacked! As from today! Who do you think you are, to
put my Name amongst All Staffs! You should have think twice before you
do this ok!
Thanks the Director NS
Dear Mr Pravin please take action immediately otherwise you also will be
sacked!
13. Plaintiff avers the above email was sent to Plaintiff, the COO, the
Defendants Production Manager and the Defendants General Manager
and copied to the other Director of Defendant
14. Despite an apology sent on 25 April 2014 at 16.45 hours (local time by
Plaintiff by means of an email (a copy of the email is tendered as
Document 9) to the director Mrs Nandanee Soornack, the latter acting in
her capacity as the director of Defendant, maintained her decision to
terminate Plaintiffs employment. In fact, by an email received on 25 April
2014 at 16.45 hours (Local time), Defendant, acting by and through their
COO, wrongly declared therein that Plaintiff had allegedly sent a mail to
everybody mentioning Mrs Nandanee Soornacks salary when, in truth,
such mail was sent to Plaintiffs five hierarchal officers only, which has
been the normal process since Plaintiff started working for Defendant.
Plaintiff was requested in the said email to prepare his resignation letter
otherwise he would be sacked. A copy of this email is tendered as
Document 10.
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15. By letter dated 25th April 2014, which is a Friday, signed by the
Defendants General Manager, Plaintiffs contract was terminated with
immediate effect.

A copy of the termination letter is tendered as

Document 11. By an email received on 25th April 2014, at 21:56 hours

(Italian time), Mrs Nandanee Soornack, informed all officers about
Plaintiffs dismissal. A copy of email is tendered as Document 12, reads
as followsDear All !
This is to inform you that Mr. Yuvraj Joganah! The Human Resource
Manager is no more Working for Airway Coffee!
Decision has been taken with immediate effect!
Reason Lack of Confidentiality.
Regards Nandanee Soornack CEO
16. Plaintiff became aware that one Prisha Oogarah, the daughter in law of
Mrs Nandanee Soornack, was appointed in his stead on the following
working day that is on Monday 28 April 2014. A copy of email is tendered
as Document 13.
17. Plaintiff avers that he has, at all times, discharged his duties diligently and
has, at all times, complied with all the rules and regulations of Defendant,
including the confidentiality clauses.
18. Plaintiff avers that the inclusion of the director, Mrs Nandanee Soornacks
name in the payroll list amongst the other members of the staff cannot be
construed as a fault and in the alternative, such alleged fault cannot be
attributed to the Plaintiff.
19. In the further alternative, Plaintiff avers that Defendant ought to have
requested the Plaintiff for explanations with regard to such inclusion and
afforded him an opportunity to answer any charge made against him
before terminating his contract.
20. Plaintiff therefore avers that the premature termination of his contract of
determinate duration was wrongful, abusive, unjustified and amounted to a
breach of contract.
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21. Plaintiff avers that due to the above circumstances, Defendant is liable to
make good to him, his monthly remuneration for the remainder of his
Second Contract that is from May 2014 to October 2018. The Plaintiff
claims the sum of Rs.3,722,000 for breach of contract. The Plaintiff has
also suffered damage and prejudice, by the acts and doings of the
Defendant in the sum of Rs.5,000,000, which the Defendant is bound to
make good to Plaintiff.
22. Plaintiff avers that, under these circumstances, he is entitled to the sum of
Rs.8,722,000.- from the Defendant, which sum he is claiming from the
Defendant who is bound to make good to him and which sum, is made up
as follows
(a) Remuneration for remaining months of the Second
Contract (53 months x Rs.66, 000.-)
(b) End of year bonus for the year 2014
(c) End of year bonus for the year 2015
(d) End of year bonus for the year 2016
(e) End of year bonus for the year 2017
(f) Damages for prejudice suffered

Rs.3,498,000
Rs.56,000.Rs.56,000.Rs.56,000.Rs.56,000.Rs.5,000,000 -

23. Plaintiff therefore humbly prays from this Honourable Court for a judgment
condemning and ordering the Defendant to pay to Plaintiff the sum of
Rs.8,722,000. - with costs and interests.

You, the Defendant, are hereby called upon and summoned to appear on
the floor of the Supreme Court, Court House, Jules Koenig Street, PortLouis, on 2015 at 09.30 hours to answer the Plaintiff in the above
matter.
WARNING YOU that in case you fail to appear or be represented on the
returnable date, judgment may be taken in favour of the Plaintiff, in terms
of the present Plaint.
TENDER OF EVIDENCE
TAKE NOTICE that, at the hearing of the above matter, which will take
place before the Supreme Court, the Plaintiff will adduce in evidence
the hereunder described documents, which may be inspected by the
Defendant and/or your Attorney, prior to the hearing, at the office of the
undersigned Attorney, situate at River Court, St. Denis street, PortLouis, on any working day during office hours and the Defendant will
be required to admit that such documents, stated to be originals were
written, signed or executed as they purport to have been and that
such documents, stated to be copies, are true copies, which have been
served, sent or delivered as they purport to have been, saving all just
exceptions, as to the admissibility of the said documents as evidence
in this cause.
NOS.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

DATES
20.05.2014
11.10.2013
17.02.2014
04.02.2014
16.04.2014
16.04.2014
25.04.2014
25.04.2014
25.04.2014
25.04.2014
25.04.2014
28.04.2014

DESCRIPTION OF DOCUMENTS
Certificate from Registrar of Companies
Initial Employment Contract
Second Employment Contract
Employment Confirmation Letter
Pay Slip
Copy of Email 16:32
Copy of Email 16:20
Copy of Email 16:06
Copy of Email 16:45
Copy of Email 16:45
Copy of Termination Letter
Copy of Email 21:56
Copy of Email 14:39

Under all legal reservations,

Dated at Port Louis, this ----th day of June 2015.

Mrs.ANJU.K.GHOSE
of Ghose Chambers,
Suite 03,Level 06,
Hennessy Tower,Pope Hennessy Street,Port Louis
Attorney for the Plaintiff instructing Akil Bissessur of Counsel.