19 July 2016
Adnath v Mauritius Post & Cooperative Bank Ltd [2016] SCJ 283
The Defendant Bank was represented by Sanjay, and later R. Chetty, SC. The issue was whether the Plaintiff, a bank employee, was entitled to damages before the Supreme Court after having accepted, ‘under protest’ an amount equivalent to and representing the punitive rate of compensation for unjustified dismissal under the then Labour Act. The Plaint was dismissed on the ground that the compensation accepted by the Plaintiff ‘under protest’ was deemed to be acceptance under the Civil Code on the same set of facts.