IN THE SUPREME COURT OF MAURITIUS

In the matter of:-

Mr. Yuvraj JOGANAH, a Human Resource Manager, residing at Flat B1, Dreamton Park, Avenue des Tulipes, Quatre BornesPlaintiff

V/s Airway Coffee Co. Ltd, having its registered office at BPML Industrial Building, Phase 2, Beau Vallon, Mahebourg.Defendant

PLAINT WITH SUMMONS:-1. Defendant is a company incorporated in Mauritius and bears Company No.087180, having its registered address at BPML Industrial Building, Phase 2, Beau Vallon, Mahebourg. A copy of the certificate from the Registrar of Companies is tendered as Document 1. Defendant operates in the catering business within the SSR International Airport.

2. Plaintiff was employed as a Human Resources Manager by Defendant on an initial contract of employment (Initial Contract) dated 11th October 2013; Plaintiffs site of work was at Beau Vallon, Mahebourg; a copy of the Initial Contract is tendered as Document 2.3. Plaintiff avers that the terms and conditions of his Initial Contract were, inter alia, as follows:-(a) The contract was for a period of five years, effective as from 24th October 2013, and ending on 23rd October 2018;

(b) He would be entitled to a basic monthly salary of Rs.50,000.- inclusive of travelling; (c) He would perform 3 months probation.4. In pursuance of his contract of employment, Plaintiff was also earning a monthly telephone allowance of Rs.1000.-

5. After the 3 months probation which Plaintiff successfully completed, the Defendant drew a second contract of employment (the Second Contract) dated 17 February 2014, effective with immediate effect; a copy of the Second Contract is tendered as Document 3. By letter dated 04th February 2014, the Operation Manager of Defendant confirmed Plaintiffs employment as Human Resource Manager on a permanent basis. A copy of confirmation letter is tendered as Document 4.6. In the Second Contract, Plaintiff was entitled to the following

(a) a pay rise from a basic monthly salary of Rs.50,000.- to Rs.65,000.- (inclusive transport cost);

(b) In addition to his monthly remuneration of Rs.65,000.-, an end of year bonus representing one months salary and payable at the end of each year in accordance with the applicable law and regulations.7. The other terms and conditions of the Second Contract were, inter alia, as follows:-

(a) Due to his duties, level of responsibility and seniority, he had the autonomy to organise his working hours.

(b) He would not receive financial compensation in case of overtime, given his remuneration.(c) He would have to head the Human Resources Department and monitor the performance of the companys staff and compliance.(d) He would have to report to the General Manager of Defendant or to such other person as may, from time to time, be instructed by Defendant.

(e) He would be required to notify the General Manager within a reasonable time whenever he would take his leaves.(f) He would be required to keep all information relating to the business of the Defendant strictly confidential at all times even after termination of contract;

(g) The contract of employment may be terminated under the following circumstances :-

(i) At any time after successful completion of the probation period of three (3) months by any party subject to giving one months prior written notice of such termination to the other party.

(ii) by mutual agreement between the parties.

(iii) Subject to the provisions set out in the Employment Rights Act 2008.

8. Plaintiff avers that in addition to his basic monthly salary from the Second Contract, he was also earning, as per his pay-slip, a telephone allowance of Rs.1000. Plaintiff avers that his monthly remuneration was, accordingly, Rs.66,000.- under the Second Contract. A copy of Plaintiffs pay-slip is tendered as Document 5.9. By an email sent on 16th April 2014 to the Defendants Chief Operating Officer (COO), Mrs Nandanee Soornack, being one of the Defendants directors, informed that she should be treated like other staff and hence she was to receive a salary every month. A copy of email, tendered as Document 6, reads as follows-Dear Bhavesh!

I believe I have already request you to do so! Please follow up my instruction as advised. As for the other director they can come whenever they want, I dont have any problem.

Please note its an order not a request! As I have the full right to do so!

For the salary its was clear enough to you! As am working like other staffs! Attending the office and most of all helping in the kitchen and serve passenger as well also trying to look for catering other places! without thinking who I AM! Just to promote the company if others want to do so! They are the most welcome! And please note also that am doing all this since the company existed without any salary!

As for the dividend will share between 2 directors as we use to do but after deducting my monthly salary!A promise is respected when others respect yours!

Thanks for your understanding!

Regards the Director( NS)9. By an email received on 16th April 2014, at 16.20 hours (Local time), Defendants Chief Operating Officer asked Plaintiff to process a salary of Rs.250,000. for Mrs Nandanee Soornack at the end of each month as the director was working for the company as an employee as well. A copy of email, tendered as Document 7, reads as follows:Dear Yuvraj,

As instructed by Madam, Please process a salary of Rs 250,000 for her at the end of every month as shes working for the company as an employee as well. Ill let you know her bank details tomorrow,

Thanks & Rgds

Bhavesh Ramchurn

Chief Operating Officer10. Plaintiff avers that the payroll of all the employees is electronically generated by the Defendants Sicorax payroll system; since Mrs Nandanee Soornack was to receive a salary as an employee, her name was automatically included in the electronically generated payroll of all employees. 11. By an email sent on 25 April 2014 at 16.06 hours (Mauritian time) to Defendants then two directors (including Mrs Nandanee Soornack), Plaintiff attached a detailed report of salary for all Defendants staff and variance for last two months, which report included Mrs Nandanee Soornack as part of staff. The same email was sent to the Defendants General Manager, the COO and the Production Manager, as has been Plaintiffs practice since Plaintiff started working for Defendant. A copy of email, tendered as Document 8, reads as follows-

Dear Madam / Mr Rakesh,Kindly find attached detailed report of salary for all staff and variance for last 2 months.

Have a nice week-end.

Regards

Yuvraj Joganah12. By an email received on 25th April 2014, at 14.40 hours (Italian time), Defendant, acting through its director Mrs Nandanee Soornack, wrongfully and summarily dismissed Plaintiff from work with immediate effect on the ground that Plaintiff has included her name among the staff list. A copy of email, tendered as Document 8, reads as follows Dear Yuvraj!Am sorry but you are sacked! As from today! Who do you think you are, to put my Name amongst All Staffs! You should have think twice before you do this ok!

Thanks the Director NS

Dear Mr Pravin please take action immediately otherwise you also will be sacked!

13. Plaintiff avers the above email was sent to Plaintiff, the COO, the Defendants Production Manager and the Defendants General Manager and copied to the other Director of Defendant 14. Despite an apology sent on 25 April 2014 at 16.45 hours (local time by Plaintiff by means of an email (a copy of the email is tendered as Document 9) to the director Mrs Nandanee Soornack, the latter acting in her capacity as the director of Defendant, maintained her decision to terminate Plaintiffs employment. In fact, by an email received on 25 April 2014 at 16.45 hours (Local time), Defendant, acting by and through their COO, wrongly declared therein that Plaintiff had allegedly sent a mail to everybody mentioning Mrs Nandanee Soornacks salary when, in truth, such mail was sent to Plaintiffs five hierarchal officers only, which has been the normal process since Plaintiff started working for Defendant. Plaintiff was requested in the said email to prepare his resignation letter otherwise he would be sacked. A copy of this email is tendered as Document 10.15. By letter dated 25th April 2014, which is a Friday, signed by the Defendants General Manager, Plaintiffs contract was terminated with immediate effect. A copy of the termination letter is tendered as Document 11. By an email received on 25th April 2014, at 21:56 hours (Italian time), Mrs Nandanee Soornack, informed all officers about Plaintiffs dismissal. A copy of email is tendered as Document 12, reads as follows-Dear All !

This is to inform you that Mr. Yuvraj Joganah! The Human Resource Manager is no more Working for Airway Coffee!Decision has been taken with immediate effect!

Reason Lack of Confidentiality.

Regards Nandanee Soornack CEO16. Plaintiff became aware that one Prisha Oogarah, the daughter in law of Mrs Nandanee Soornack, was appointed in his stead on the following working day that is on Monday 28 April 2014. A copy of email is tendered as Document 13.17. Plaintiff avers that he has, at all times, discharged his duties diligently and has, at all times, complied with all the rules and regulations of Defendant, including the confidentiality clauses.18. Plaintiff avers that the inclusion of the director, Mrs Nandanee Soornacks name in the payroll list amongst the other members of the staff cannot be construed as a fault and in the alternative, such alleged fault cannot be attributed to the Plaintiff.19. In the further alternative, Plaintiff avers that Defendant ought to have requested the Plaintiff for explanations with regard to such inclusion and afforded him an opportunity to answer any charge made against him before terminating his contract.

20. Plaintiff therefore avers that the premature termination of his contract of determinate duration was wrongful, abusive, unjustified and amounted to a breach of contract.

21. Plaintiff avers that due to the above circumstances, Defendant is liable to make good to him, his monthly remuneration for the remainder of his Second Contract that is from May 2014 to October 2018. The Plaintiff claims the sum of Rs.3,722,000 for breach of contract. The Plaintiff has also suffered damage and prejudice, by the acts and doings of the Defendant in the sum of Rs.5,000,000, which the Defendant is bound to make good to Plaintiff.

22. Plaintiff avers that, under these circumstances, he is entitled to the sum of Rs.8,722,000.- from the Defendant, which sum he is claiming from the Defendant who is bound to make good to him and which sum, is made up as follows

(a) Remuneration for remaining months of the SecondContract (53 months x Rs.66, 000.-)

Rs.3,498,000(b) End of year bonus for the year 2014

Rs.56,000.-(c) End of year bonus for the year 2015

Rs.56,000.-

(d) End of year bonus for the year 2016

Rs.56,000.-

(e) End of year bonus for the year 2017

Rs.56,000.-

(f) Damages for prejudice suffered

Rs.5,000,000 -

23. Plaintiff therefore humbly prays from this Honourable Court for a judgment condemning and ordering the Defendant to pay to Plaintiff the sum of Rs.8,722,000. - with costs and interests.You, the Defendant, are hereby called upon and summoned to appear on the floor of the Supreme Court, Court House, Jules Koenig Street, Port-Louis, on 2015 at 09.30 hours to answer the Plaintiff in the above matter.

WARNING YOU that in case you fail to appear or be represented on the returnable date, judgment may be taken in favour of the Plaintiff, in terms of the present Plaint.

TENDER OF EVIDENCE

TAKE NOTICE that, at the hearing of the above matter, which will take place before the Supreme Court, the Plaintiff will adduce in evidence the hereunder described documents, which may be inspected by the Defendant and/or your Attorney, prior to the hearing, at the office of the undersigned Attorney, situate at River Court, St. Denis street, Port-Louis, on any working day during office hours and the Defendant will be required to admit that such documents, stated to be originals were written, signed or executed as they purport to have been and that such documents, stated to be copies, are true copies, which have been served, sent or delivered as they purport to have been, saving all just exceptions, as to the admissibility of the said documents as evidence in this cause. NOS. DATES DESCRIPTION OF DOCUMENTS

1. 20.05.2014

Certificate from Registrar of Companies2. 11.10.2013

Initial Employment Contract

3. 17.02.2014

Second Employment Contract

4. 04.02.2014

Employment Confirmation Letter5.

Pay Slip

6. 16.04.2014

Copy of Email 16:327. 16.04.2014

Copy of Email 16:208. 25.04.2014

Copy of Email 16:069. 25.04.2014

Copy of Email 16:45

10. 25.04.2014

Copy of Email 16:45

11. 25.04.2014

Copy of Termination Letter

12. 25.04.2014

Copy of Email 21:56

13. 28.04.2014

Copy of Email 14:39

Under all legal reservations,

Dated at Port Louis, this ----th day of June 2015.Mrs.ANJU.K.GHOSEof Ghose Chambers,

Suite 03,Level 06,

Hennessy Tower,Pope Hennessy Street,Port Louis

Attorney for the Plaintiff instructing Akil Bissessur of Counsel.2