For Wrongful Dismissal: Receiver Gets Rs 50,000 from NTC

11 years, 9 months ago - 5 March 2013, The Défi Media Group

He felt his dismissal unjustified. This receiver was then sued his employer, the National Transport Corporation (NTC) and he demanded compensation of Rs 1,139,084 43. In court, the two sides reached an agreement. The complainant got Rs 50,000 of the NTC.

Dev Prakash Mahadeo, a resident of La Flora, had initiated civil proceedings before the Industrial Court against his employer, the National Transport Corporation (NTC) for wrongful dismissal. The Order of the trial, counsel for the NTC, Jean Gilbert Ithier, Senior Counsel, stated that the NTC and the complainant (Dev Prakash Mahadeo) came to an agreement.

Thus, counsel noted that the NTC offered the sum of Rs 50,000 to the complainant "in full and final satisfaction."

Dev Prakash Mahadeo accepted the proposal of the NTC. The payment will be made 'Labour Office, Rivière-des-Eels. The judgment was delivered by the President of the Court civil intermediate Patrice Sing Kan, under the agreement between the two parties.

In its complaint filed in the Court Industrial Dev Prakash Mahedeo stressed the recipient to the NTC since August 28, 1988. It only worked five days a week and received a salary of Rs 9552. He explained that his life changed 24 November 2010, when the NTC was suspended from his duties. According to him, the reason given is that the NTC had committed "serious Irregularities on several days while performing his duty." On this "cash back" during his working days.

Misappropriation

On 7 December 2010, the NTC then presented the charges against him. They were related to embezzlement, a sum of Rs 18,734. Dev Prakash Mahadeo said he then faced a disciplinary committee, December 14, 2010, to answer charges against him. On 12 May 2011, the complainant says he was fired for "gross misconduct Alleged". Dev Prakash Mahadeo has denied the charges against him.

The complainant alleged that his dismissal was unjustified because the NTC has committed an obstacle to Article 38 (2) (a) (iii) of the Employment Rights Act by failing to notify him of the charges against him are in within 10 days. Another point mentioned by the complainant is that "He Has not Given beens the 30 days' notice for termination of employment in Accordance with Section 37 (4) of the Employment Rights Act 2008."

On the other hand, Dev Prakash Mahadeo argued that under Article 46 (5) (b) of the Act, the NTC must pay him his "severance allowance". Thus, he claimed the NTC compensation of Rs 1139 084.43.