Zorro007
Oct 5, 2008, 04:35 PM
I am Manager in Mauritius,since 1981, I enjoy 1 hour lunch time.
In my conditions of service letter of appointment, it was mentioned that in addition to the Government annual increases of salary, I will be compensated with a company's increase too.on 15th July 2008, there was a general revision of salaries for more than 95 % of the employees.Each employee was called individually, and management individually gave each one a letter personally addressed to the employee, a second page with his conditions of work and a third general sheet written summary of conditions of service & related benefits, which as the term implies, was a kind of general information sheet.
Each employee was requested to sign a copy of this letter and to return before 7 days signifying his acceptance of the new conditions.
In my case, I was just handed the summary, with no personal letter to sign back
.I continued to enjoy my one hour lunch time at my fixed hours from 13 hours to 14 hours.
On 29th July 2008, the Junior Executive Life, called me in his office and suddenly told me that I should take a 30 minutes lunch time.I told him that I do not agree, as always I had one hour lunch time, I cannot now have this reduced now.
Here is textually the email the JE sent to me:
"30th July 2008.
Cxxx, It is noted that you are not agreeable to your lunch break being 30 minutes and to start at latest 12.45 p.m
On 31st July 2008 i emailed the Junior Executive The following:
"Please have a look in all the personal files, papers the Company has relating to me "
I continued enjoying my one hour lunch time, as i had been doing for the past 27 years.
On 28th August 2008, i received the following letter from the Managing Director :
" Dear Mt Cxxx.Re: Lunch Breaks
We refer to your e-message of 31st July 2008 addressed to the Junior Executive Life and note with much concern that:
a) You are not respecting the current timings and duration of lunch breaks;
b)You have not submitted any evidence or justification to support your entitlement tp one hour lunch time which you claim to be a vital condition of your contract of employment and
c)Your letter of appointment dated 18th July 1981 has no mention of this allegedly vital condition.
We take this opportunity to remind you as a Manager, you are expected to ensure that discipline is being enforced and not otherwise.You will no doubt appreciate that conditions of service are reviewed whenever deemed necessary to enhance the performance of the Company as a whole without altering the basic rights of employees.For example, the offices used to be open on saturdays until June 1990 and as you have joined the Company in 1981, you have benefited from the reduction in the number of working days per week.
In view of the above, you are therefore instructed to comply with The Conditions of Service ( a copy of which has been handed over to you by Management on the 15th July 2008) unless proper evidence or justification for lunch break of one hour can be provided by you.Should you fail to comply with conditions of service of the Company or provide, by 5th September 2008 at latest, evidence and / justification as previously requested,Management will have no alternative than to consider that you have been abusing on your lunch time entitlement and to take appropriate action.Yours faithfully.MDF "
Notes from me :Nobody ever talked to me personally about whatsoever change in the conditions of my employment in the context that i should take 30 minutes luch and to sign a new agreement.I am told to comply with a conditions of 15th July 2008, which does not bear my name and for which i have never signed any duplicate copy of letter signifying my acceptance to any change.
On 1st September 2008 i replied the following:
"Re: Lunch Time.
I wish to refer to your letter reference PF / 55 dated 28 August 2008.
I have retained the services of Me. Xxxxxxxxx, Solicitor.
My Solicitor requests more time to assist me in the case, and I should be grateful if you could have the delay of the 05th September 2008, be extended to 15th September 2008.
My Solicitor also requests that you let me have a certified copy of my letter of appointment dated 18th July 1981.
Thanking you,
On 5th September 2008, the Company replied this:
"Re:Lunch Breaks
With reference to your letter dated 1st September 2008, I am directed to inform you that Management has agreed to extend the delay up to 10th September 2008.As regard the last paragraph of your letter you mau wish to refer to the original document already in your possession, the duplicate of which you duly signed and remitted to Management.Finally Management reiterates that by aligning lunch timings, in general to meet the exigencies of the service, the same does not constitute in any way a breach of contract.You are againrequested to comply with the Conditions of Service already given to you on 15th July 2008.YF "
On 9th September 2008, My attorney replied :
"Without Prejudice
Sir,
Re: Mr Cxxx - Lunch Breaks
My services have been retained by Mr Cxxx in relation to the above.
In reply to your letter of the 28th August 2008, i am instructed by my client to make the following representations on his behalf, viz :
1.Whereas he was offered employment by, and joined the Company in July 1981.
2.In the absence of a written contract of employment, his terms and conditions of employment is governed by the provisions of the Labour Act in force in Mauritius
3.The relevant section of the Labour Act provides, inter alia, that : every employer shall, unless the worker and the employer otherwise agree, grant to the worker a break of at least one hour for a meal.
4.Furthermore, since he joined the Company, that is since 27 years now, he has always been allowed one hour for meal and which point has never suffered any dispute and / or litigation whatsoever
5.The break of one hour for meal is not a "privilege"offered to my client, but is his fundamental rights according to law.
6.Further, over and above the provisions of the law,the break of one hour is an acquired right of my client which cannot be taken away from him
7.Your recent unilateral decision to impose a lunch break of only 30 minutes upon him and change his condition of service is unlawful, illegal, and tantamount to a breach of contract.
My client further avers that, due to the fact that he is resisting the above unilateral decision, he is being subject to all sorts of harassment on the part of Management, which is causing him severe prejudice and damages.
It is also to be noted that, in spite of several requests, my client's salary has not been reviewed annually in line with the terms and conditions of his employment.Yours sincerely xxxxxxxxx "
On 16th September 2008, I received the following letter from the Company:
"Dear Mr Cxxx
Re:Lunch Breaks
We refer to your letterof 9th September 2008 sent to us on your behalf bt Mr xxxxxx Attorney at Law.
Management wishes to point out that:
1.The issue in litigation is Lunch Meal
11.The other issues raised therein will be dealt with later.
111.The good functioningof the office has always rested on Management; and
1V) Supervision , control and management of staff movements in its service during working hours are its peregatives.
Your attention is again invited to the "breach of contract " averment which you have indicated two times, and in which Managemeent resists.
Management reiterate its instructions that you should comply with the Conditions of Service given to you on 15th July 2008, within 48 hours after receipt of this letter . failing which Management shall takes such steps as it may be advised.
Yours faithdully. MD "
On 18th September 2008, I replied the following :
"
With reference to the contents of your letter of 16th September 2008.
This is to inform you that I am maintaining all that has been stated in the representation made by my Attorney on my behalf.
The other issues raised, are as well in litigations, I made since a very long time and nothing has been done to remedy the situation up to now and I am not prepared to wait until later as stated by you.
Yours faithfully,
cxxx "
On 18th September 2008, The Company replied to me:
"We acknowledge receipt of your letter of even date.
You are required to comply to instructions given to you regarding meal break in the letter issued to you on 16th September 2008.
As regards other issues raised in the last paragrapg of your letter,Management has never had any such representations made by you.Yours faithfully MD "
I continued to enjoy my one hour lunch time between 13 hrs to 14 hrs.
On 25th September 2005, the Company sent me this letter:
Dear Cxxx
We have received reports that :
A) You are taking 1 hour meal time everyday and this at your convenience.
Yes I am taking 1 hour meal time everyday, and not at my convenience, but from 13 hrs to 14 hrs, as per the conditions of my employment, since Aug 1981,with the Company, up to now.
b) You are not complying with the document relating to Conditions of Service handed over to you on 15th July 2008 in relation to lunch time.
The new conditions have never been priorly discussed with me and is a unilateral change in my conditions of service.
c) You are adamantly refusing to comply with the aforesaid Conditions of Service in relation to meal time;
The new conditions have never been priorly discussed with me and is a unilateral change in my conditions of service
d) You have made allegations to the effect that :
1)there is no written contract of employment between you and the Company;
I maintain what my attorney has said in his letter on my behalf.
2) you are being harassed by the Management.
I maintain again what has been said in my letters.
In a function relating to all agents of the life department in an Hotel, as the A.M.L, I was excluded and humiliated to the point that all agents were condemming this action on part of JE.
Of late, at Triolet Bus Service, I have been severely insulted by JE Life, for having answered the phone.Inspector of Police xxxxxx who was on the phone was terribly shocked about the way that I was ill treated.
JE has been doing lot of abuse and misuse of power towards me deliberately undermining and humiliating me by overloading and constant critism
Recently Je has refused that on an emergency call from my wife, who had an accident some less than 1 km away from office to attend her and I had to send agent Sheik Dawood.
Since this meal time issue, The MD, even has seen me face to face some more than 15 times, no longer look at me, but just ignores my presence.
All what I am enduring presently, is also harassment from Management.
e) You have not been performing your duties properly in than several serious mistakes and shortcomings have arisen in documents;
This is the first time that I hear this in my life, today.
f) You have up to now failed to justify the “Breach of contract “ contention you have made;
This is amply clear from the letter sent by my Attorney,
g) You are arriving work late, well after 8.30 a.m almost every day, and this without any justification;
My late arrival business is in line with your flexi time policy that you introduced. However in my department, a particular person is tolerated for being constantly late, most of the time after 9 a.m .Should not a fair treatment apply to everybody.
h) You are adopting a very negative attitude at work.
My attitude has been and is always positive at work.It is the Management who has recently developed a very negative attitude towards me.
All is in Bold and underlined is what I developed in the hearing.
Observations: There was no official of the Company who was supposed to charge me at the hearing.How can the hearing be conducted by an attorney who has never been associated at all with the Company and some labour retired officer, who even one day insulted me in front of othe Managers for having raise a question in a meeting he had with us.
I have been officially informed that I could bring somebody to assist me !
I do have in my possession an original recording of all the hearing, what has been said and it is strange to see that that from the answer I got after the hearing is that everything has been manipulated by them.sonner in a forum, all my recordings for what ever meetings I had with them will have to become public and they will be shamed to the way they have behaved.
They harassed me so much in the hearing that I fell ill, I was admitted same day at the hospital and had been confined for 5 days.The first 2 days, I could have died with increased blood pressure, 200/110 and they made me have nervous problems.I am now in treatment as an outpatient.
The Company's reply dated 3rd October 2008, after the hearing :
Dear Cxxx
WARNING.
We refer to our letter dated 25th September 2008 and to the hearing which took place on Monday 29th September 2008.The explanations you have given are most unsatisfactory on each issue raised.You even resorted to scapegoat inferences on each issue raised.Furthermore, you proferred threats against the management of the Company, showed a propensity to defy its prerogatives in the good functioning of the organisation and a resistance to discipline and decorum.In the circumstances,management is administering you a severe warning and is informing you that your behavior, attitude,attendance,and performance at work will be closely monitored.Any lapsus or shortcoming on your part will be appropriately dealt with.Yours faithfully MD "
Now this is where really constructive dismissal occurs, about all these company's threats, I am being cornered, whatever charge they put on me, 1 minute late, even of flexi time, one hour lunch according to my legal rights, one word mistake, 1 minute I take tea time earlier or after, I will be sanctioned.How can an employee function now.In addition there are lot evidence of threatening emails, which I could not copy here, else my question would have beeen so lengthly.
Now I want to hear anything from you, any answers, any observations.
Thank you
Awaiting to hear from you
Cxxxx
In my conditions of service letter of appointment, it was mentioned that in addition to the Government annual increases of salary, I will be compensated with a company's increase too.on 15th July 2008, there was a general revision of salaries for more than 95 % of the employees.Each employee was called individually, and management individually gave each one a letter personally addressed to the employee, a second page with his conditions of work and a third general sheet written summary of conditions of service & related benefits, which as the term implies, was a kind of general information sheet.
Each employee was requested to sign a copy of this letter and to return before 7 days signifying his acceptance of the new conditions.
In my case, I was just handed the summary, with no personal letter to sign back
.I continued to enjoy my one hour lunch time at my fixed hours from 13 hours to 14 hours.
On 29th July 2008, the Junior Executive Life, called me in his office and suddenly told me that I should take a 30 minutes lunch time.I told him that I do not agree, as always I had one hour lunch time, I cannot now have this reduced now.
Here is textually the email the JE sent to me:
"30th July 2008.
Cxxx, It is noted that you are not agreeable to your lunch break being 30 minutes and to start at latest 12.45 p.m
On 31st July 2008 i emailed the Junior Executive The following:
"Please have a look in all the personal files, papers the Company has relating to me "
I continued enjoying my one hour lunch time, as i had been doing for the past 27 years.
On 28th August 2008, i received the following letter from the Managing Director :
" Dear Mt Cxxx.Re: Lunch Breaks
We refer to your e-message of 31st July 2008 addressed to the Junior Executive Life and note with much concern that:
a) You are not respecting the current timings and duration of lunch breaks;
b)You have not submitted any evidence or justification to support your entitlement tp one hour lunch time which you claim to be a vital condition of your contract of employment and
c)Your letter of appointment dated 18th July 1981 has no mention of this allegedly vital condition.
We take this opportunity to remind you as a Manager, you are expected to ensure that discipline is being enforced and not otherwise.You will no doubt appreciate that conditions of service are reviewed whenever deemed necessary to enhance the performance of the Company as a whole without altering the basic rights of employees.For example, the offices used to be open on saturdays until June 1990 and as you have joined the Company in 1981, you have benefited from the reduction in the number of working days per week.
In view of the above, you are therefore instructed to comply with The Conditions of Service ( a copy of which has been handed over to you by Management on the 15th July 2008) unless proper evidence or justification for lunch break of one hour can be provided by you.Should you fail to comply with conditions of service of the Company or provide, by 5th September 2008 at latest, evidence and / justification as previously requested,Management will have no alternative than to consider that you have been abusing on your lunch time entitlement and to take appropriate action.Yours faithfully.MDF "
Notes from me :Nobody ever talked to me personally about whatsoever change in the conditions of my employment in the context that i should take 30 minutes luch and to sign a new agreement.I am told to comply with a conditions of 15th July 2008, which does not bear my name and for which i have never signed any duplicate copy of letter signifying my acceptance to any change.
On 1st September 2008 i replied the following:
"Re: Lunch Time.
I wish to refer to your letter reference PF / 55 dated 28 August 2008.
I have retained the services of Me. Xxxxxxxxx, Solicitor.
My Solicitor requests more time to assist me in the case, and I should be grateful if you could have the delay of the 05th September 2008, be extended to 15th September 2008.
My Solicitor also requests that you let me have a certified copy of my letter of appointment dated 18th July 1981.
Thanking you,
On 5th September 2008, the Company replied this:
"Re:Lunch Breaks
With reference to your letter dated 1st September 2008, I am directed to inform you that Management has agreed to extend the delay up to 10th September 2008.As regard the last paragraph of your letter you mau wish to refer to the original document already in your possession, the duplicate of which you duly signed and remitted to Management.Finally Management reiterates that by aligning lunch timings, in general to meet the exigencies of the service, the same does not constitute in any way a breach of contract.You are againrequested to comply with the Conditions of Service already given to you on 15th July 2008.YF "
On 9th September 2008, My attorney replied :
"Without Prejudice
Sir,
Re: Mr Cxxx - Lunch Breaks
My services have been retained by Mr Cxxx in relation to the above.
In reply to your letter of the 28th August 2008, i am instructed by my client to make the following representations on his behalf, viz :
1.Whereas he was offered employment by, and joined the Company in July 1981.
2.In the absence of a written contract of employment, his terms and conditions of employment is governed by the provisions of the Labour Act in force in Mauritius
3.The relevant section of the Labour Act provides, inter alia, that : every employer shall, unless the worker and the employer otherwise agree, grant to the worker a break of at least one hour for a meal.
4.Furthermore, since he joined the Company, that is since 27 years now, he has always been allowed one hour for meal and which point has never suffered any dispute and / or litigation whatsoever
5.The break of one hour for meal is not a "privilege"offered to my client, but is his fundamental rights according to law.
6.Further, over and above the provisions of the law,the break of one hour is an acquired right of my client which cannot be taken away from him
7.Your recent unilateral decision to impose a lunch break of only 30 minutes upon him and change his condition of service is unlawful, illegal, and tantamount to a breach of contract.
My client further avers that, due to the fact that he is resisting the above unilateral decision, he is being subject to all sorts of harassment on the part of Management, which is causing him severe prejudice and damages.
It is also to be noted that, in spite of several requests, my client's salary has not been reviewed annually in line with the terms and conditions of his employment.Yours sincerely xxxxxxxxx "
On 16th September 2008, I received the following letter from the Company:
"Dear Mr Cxxx
Re:Lunch Breaks
We refer to your letterof 9th September 2008 sent to us on your behalf bt Mr xxxxxx Attorney at Law.
Management wishes to point out that:
1.The issue in litigation is Lunch Meal
11.The other issues raised therein will be dealt with later.
111.The good functioningof the office has always rested on Management; and
1V) Supervision , control and management of staff movements in its service during working hours are its peregatives.
Your attention is again invited to the "breach of contract " averment which you have indicated two times, and in which Managemeent resists.
Management reiterate its instructions that you should comply with the Conditions of Service given to you on 15th July 2008, within 48 hours after receipt of this letter . failing which Management shall takes such steps as it may be advised.
Yours faithdully. MD "
On 18th September 2008, I replied the following :
"
With reference to the contents of your letter of 16th September 2008.
This is to inform you that I am maintaining all that has been stated in the representation made by my Attorney on my behalf.
The other issues raised, are as well in litigations, I made since a very long time and nothing has been done to remedy the situation up to now and I am not prepared to wait until later as stated by you.
Yours faithfully,
cxxx "
On 18th September 2008, The Company replied to me:
"We acknowledge receipt of your letter of even date.
You are required to comply to instructions given to you regarding meal break in the letter issued to you on 16th September 2008.
As regards other issues raised in the last paragrapg of your letter,Management has never had any such representations made by you.Yours faithfully MD "
I continued to enjoy my one hour lunch time between 13 hrs to 14 hrs.
On 25th September 2005, the Company sent me this letter:
Dear Cxxx
We have received reports that :
A) You are taking 1 hour meal time everyday and this at your convenience.
Yes I am taking 1 hour meal time everyday, and not at my convenience, but from 13 hrs to 14 hrs, as per the conditions of my employment, since Aug 1981,with the Company, up to now.
b) You are not complying with the document relating to Conditions of Service handed over to you on 15th July 2008 in relation to lunch time.
The new conditions have never been priorly discussed with me and is a unilateral change in my conditions of service.
c) You are adamantly refusing to comply with the aforesaid Conditions of Service in relation to meal time;
The new conditions have never been priorly discussed with me and is a unilateral change in my conditions of service
d) You have made allegations to the effect that :
1)there is no written contract of employment between you and the Company;
I maintain what my attorney has said in his letter on my behalf.
2) you are being harassed by the Management.
I maintain again what has been said in my letters.
In a function relating to all agents of the life department in an Hotel, as the A.M.L, I was excluded and humiliated to the point that all agents were condemming this action on part of JE.
Of late, at Triolet Bus Service, I have been severely insulted by JE Life, for having answered the phone.Inspector of Police xxxxxx who was on the phone was terribly shocked about the way that I was ill treated.
JE has been doing lot of abuse and misuse of power towards me deliberately undermining and humiliating me by overloading and constant critism
Recently Je has refused that on an emergency call from my wife, who had an accident some less than 1 km away from office to attend her and I had to send agent Sheik Dawood.
Since this meal time issue, The MD, even has seen me face to face some more than 15 times, no longer look at me, but just ignores my presence.
All what I am enduring presently, is also harassment from Management.
e) You have not been performing your duties properly in than several serious mistakes and shortcomings have arisen in documents;
This is the first time that I hear this in my life, today.
f) You have up to now failed to justify the “Breach of contract “ contention you have made;
This is amply clear from the letter sent by my Attorney,
g) You are arriving work late, well after 8.30 a.m almost every day, and this without any justification;
My late arrival business is in line with your flexi time policy that you introduced. However in my department, a particular person is tolerated for being constantly late, most of the time after 9 a.m .Should not a fair treatment apply to everybody.
h) You are adopting a very negative attitude at work.
My attitude has been and is always positive at work.It is the Management who has recently developed a very negative attitude towards me.
All is in Bold and underlined is what I developed in the hearing.
Observations: There was no official of the Company who was supposed to charge me at the hearing.How can the hearing be conducted by an attorney who has never been associated at all with the Company and some labour retired officer, who even one day insulted me in front of othe Managers for having raise a question in a meeting he had with us.
I have been officially informed that I could bring somebody to assist me !
I do have in my possession an original recording of all the hearing, what has been said and it is strange to see that that from the answer I got after the hearing is that everything has been manipulated by them.sonner in a forum, all my recordings for what ever meetings I had with them will have to become public and they will be shamed to the way they have behaved.
They harassed me so much in the hearing that I fell ill, I was admitted same day at the hospital and had been confined for 5 days.The first 2 days, I could have died with increased blood pressure, 200/110 and they made me have nervous problems.I am now in treatment as an outpatient.
The Company's reply dated 3rd October 2008, after the hearing :
Dear Cxxx
WARNING.
We refer to our letter dated 25th September 2008 and to the hearing which took place on Monday 29th September 2008.The explanations you have given are most unsatisfactory on each issue raised.You even resorted to scapegoat inferences on each issue raised.Furthermore, you proferred threats against the management of the Company, showed a propensity to defy its prerogatives in the good functioning of the organisation and a resistance to discipline and decorum.In the circumstances,management is administering you a severe warning and is informing you that your behavior, attitude,attendance,and performance at work will be closely monitored.Any lapsus or shortcoming on your part will be appropriately dealt with.Yours faithfully MD "
Now this is where really constructive dismissal occurs, about all these company's threats, I am being cornered, whatever charge they put on me, 1 minute late, even of flexi time, one hour lunch according to my legal rights, one word mistake, 1 minute I take tea time earlier or after, I will be sanctioned.How can an employee function now.In addition there are lot evidence of threatening emails, which I could not copy here, else my question would have beeen so lengthly.
Now I want to hear anything from you, any answers, any observations.
Thank you
Awaiting to hear from you
Cxxxx