DAHAL M. & ORS v AIR MAURITIUS LTD 2020 SCJ 78
FACTS
This was an application for an interlocutory injunction prohibiting the respondent from acting, directly or indirectly, in breach of the contracts of employment of the Applicants by unilaterally imposing upon them the duties of a cabin crew, on a permanent basis, which according to them fell outside their job descriptions by virtue of them being Senior Flight Pursers.
The application was entered pending an on-going main case for breach of contract of employment.
RATIO DECIDENDI & DECISION OF THE COURT
The Judge in Chambers held that:
(i) In order to assess whether there have been breaches of the contracts of employment of all thirteen applicants, it would be cardinal to examine each of those contracts on an individual basis and same could not be done based on affidavit evidence.
(ii) Subsequently, this issue was deemed to be a serious question which is best suited to be adjudicated upon in main case before the trial court.
(iii) The applicants failed to act with utmost promptitude to seek the writ of injunction inasmuch as the main case was entered in 2015 and in absence of any reasonable cause for the delay, this application was entered in 2019.
(iv) The respondent successfully established that damages would be adequate compensation given that the alleged prejudice of the applicants could be quantified and that the balance of convenience clearly was in favour of the respondent.
The application was set aside.
Attorney for the Respondent: Mrs Josephine Robert
