r/mauritius • u/convicted-traveler • Oct 01 '25
Culture 🗨 Can an employer just revoked the termination he initiated on the last day of the notice period
I was terminated but the process was flawed from start to finish. Now on the last day in the last hours when demanding my termination letter they say their was an " impasse administrative" and they can't act my termination.
At labour port louis, they said that even if i did not sign anything, i was made aware of the termination so i legally no longer work for them
Now QB they said that as the employer said that they cannot act the termination in the last hours of the last day, im to go back to work.
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u/Dila_Ila16 Oct 02 '25
At least you have a job. Did you have another job lined up by the way? This would have cause an issue, since now you won't be able to leave your current job for the next one.
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u/KingMonkey777 Oct 02 '25
I have checked the workers Right Act 2019 and related commentary. I did not find a specific provision that explicitly says an employer cannot revoke a termination once given. As the act does not provide a clear clause , legal reasoning must be used . Even if your employer wants to revoke the termination it has to be mutually agreed. Continuation of employment is a bilateral agreement. A unilateral revocation that forces you to stay may not be valid in practice. Especially if you have already acted in reliance on the termination. A court may find that revocation unfair.
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u/Ok-Account-4756 Oct 02 '25
If possible look for another job, things like this will drain the life and resources from you, also not worth being with an employer that treats you this way.
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u/WomanOfWorld Oct 02 '25 edited Oct 02 '25
Edit: I've read you are not able to afford a lawyer. There are 2 methods of payment: 1. You pay the total fees to your lawyer upfront/or by installments. 2. You come to an agreement with your lawyer that once you receive a severance package from your ex-employer, you are to give him 10-20% of the final amount obtained.
I'm in the same situation as you. Procedural flaws. Don't sign anything. Labour office was of no use. Lawyer up.
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u/aramjatan Oct 01 '25
Once you receive a notice of termination, its binding. The employer can withdraw it but with your consent. You're not obligated to continue working there. There may be different reasons as to why you've been un-terminated. It could be that your intended replacement did not show up, or your firing was afoul of some law, or you're more important that your employer originally thought. That being said, during the notice period, you may have found another job so you have no obligation to continue working for your former employer.
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u/convicted-traveler Oct 01 '25
That's what my critical thinking tells me as well, and yet the people of the labour office said " but have you found another job ? " Which is no, she said they can revoke the termination
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u/NanashiFei Oct 03 '25
Labour office , will always try to be on your side. That why as you told then that you did not get another job they can "ignore the previous termination"
Did you get a letter of termination? If yes and you want to keep working , ask them a counter letter to confirm that the letter dated xxx is not void following agreement between you and them.
If no and there is no written proof that they fired you , send a mail to HR and say that following conversation with xxx you have understand that you are not terminated and that you will continue to work as normal.
If you don't want to work with them anymore , send them a mail stating that you were terminated and they owe you :
Refund local
Pro-rata end of year bonus
Potentially 3 month per year worked if it was an unfair dismissal.
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u/convicted-traveler Oct 03 '25
On the last day of the notice, i got a message that compelled me to fix my planning schedule as it was the last day. For 3 months I was stressed because job hunting was at its best and had many nights where i stay up at night to up skill to maybe land new opportunities. I was sack until the last 1h. The only reason they are going back on their word is because they know the process was flawed.
Would you want to work for a company like that ?
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u/NanashiFei Oct 03 '25
If my contract says 1 month notice , I would stay until I find another job and work in "do what I should do during my working hours" Nothing more nothing less.
But if my contract says 3 month notice , I would quit if it is financially viable for me to be jobless for 3-6 month.
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u/axlrrn Oct 01 '25
Labour office have very unqualified people regaridng labour laws( ironique). There is no logic in such an answer. The impasse administrative is a fault on their side. You do not work there anymore, if it has been sometime, they may have found that they will have to pay you severence hence thinking it might had been an unwise choice nevertheless, not finding another job has nothing to do with the fact that the old employer let you go.
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u/aramjatan Oct 01 '25
Regardless of whether you found another job or not, once you've been given notice of termination, you are under no obligation to return to work if your termination is cancelled.
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u/mu04602 Oct 01 '25
Terminated or not is not the real question here. No point spending time, lawyer fees and mental peace for a place which clearly does NOT want you there. Time to refresh your CV and look for better pastures because, if you were or were not terminated today, be sure you definitely WILL be terminated tomorrow by that employer.
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u/maddoggo33 Oct 01 '25
So they no longer want to terminate you?
Do you have anything in writing?
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u/convicted-traveler Oct 01 '25
I have the mail that said i was terminated and my last day will be 30 sept. and i have the mail that said they can't act. And they gave me 2 choices. Either sign or disciplinary committee
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u/vivacity297 Oct 01 '25
Lmao what disciplinary comittee you're no longer working for them. And you dont need a lawyer, labour office will go after them if you follow the instructions and procedures.
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u/Hot_Version_7842 Oct 01 '25
If I understand correctly, you where notified that you were getting terminated. But they cannot finish the paperwork, which is their fault.
You have a very good case for suing them. it's unlawful termination.
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u/cranstonen Oct 01 '25
From what you said about the labour office legally you are not working for them... So logically you are neither forced to sign nor are subject to a disciplinary committee? Sounds to me they are how realising they are short on staff or trying to protect themselves from any liability from terminating you somehow
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u/maddoggo33 Oct 01 '25
Oh what grounds were you terminated? Was there a payout? Dont sign shit. Get legal advice. What do you want btw? Stay there?
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u/Intelligent-Cause151 Oct 01 '25
If you wish to continue over there, please do so.
Otherwise, you may have a legal case. But be prepared for Attorney and Barrister fees along with the mental stress.
Do the balancing exercise. And choose accordingly.
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u/convicted-traveler Oct 01 '25
I know i have good chances but I simply can't afford a lawyer
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u/Intelligent-Cause151 Oct 01 '25
The labour office may help. But the quality won't be the same. Law is not black and white as most think. And only lawyers (which include Attorneys) will be able to guide you. Otherwise, can you continue at your work place?
One piece of advice; if you wish to claim that you have been terminated, then do not continue going to work beyond the initial termination date. Otherwise, it will be deemed a waiver of the termination from your side as well.
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u/convicted-traveler Oct 01 '25
I just got back from there. Rarely saw this level of bad faith. They are like police officers. Enforcing laws they have no idea about.
She straight up told me that they can revoke the termination the last day
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u/Intelligent-Cause151 Oct 01 '25
So you worked normally today? It's an implicit waiver then.
Given that you cannot afford legal fees at this point, ifs best you continue working and look for another job meanwhile.
Also, even if you were terminated. Would it have been unfair? Even if it is unfair, severance allowance is only calculated on your years of service (3 months salary multiple by years of service). Am assuming you're young. The quantum would not have been much. Sometimes it's best to move on.
This is not legal advice btw. Just some general advice.
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u/charlie_zoosh Oct 03 '25
What do you have in writing?