Rs 20 Million Payoff for Suspending Chellen at AML

Siven Chellen, who was suspended from his position as Officer-in-Charge at Airport of Mauritius Ltd (AML) in 2022 due to a grave fault, has returned to the helm of Jet Prime Ltd, a subsidiary of Airport Holdings Ltd (AHL) in June 2024.

This development is particularly unusual given that AML is still contesting the Employment Rights Tribunal’s (ERT) decision to award Chellen an indemnity payment, despite his return to a directorship role.

Chellen had been reinstated as director of a subsidiary of AHL, but the battle over his severance pay has not ended.

According to l’Express sources, Chellen was initially awarded an indemnity payment by the ERT, which could amount to approximately Rs 20 million.

However, AML is seeking a judicial review of the decision, arguing that the tribunal overstepped its powers by granting an indemnity payment that was not requested by Chellen.

The ERT had ruled in favor of Chellen, concluding that he was entitled to an indemnity payment due to his unfair dismissal.

The tribunal found that AML had failed to follow the legal procedures for disciplinary action and that Chellen’s suspension and subsequent dismissal were unjustified.

The Court of Appeal has now rejected AML’s appeal, upholding the ERT’s decision.

In its ruling, the court noted that the ERT did not violate the 60-day statutory deadline for disciplinary proceedings and that Chellen had responded to accusations during an oral hearing, which concluded on November 23, 2022.

The court also emphasized that the judicial review process is intended to examine the legality of a decision and the decision-making process, rather than acting as an appeals court.

The decision to appoint Chellen as director of Jet Prime Ltd despite his controversial past has sparked controversy and raised questions about the accountability of senior executives.

Chellen was initially suspended from his position in September 2022 and subsequently dismissed for gross misconduct and breach of trust after approving a 12.4% salary increase for 800 employees of AML and Airport Terminal Operations Ltd (ATOL).

The chairman of AHL, Ken Arian, had not approved certain nominations made by Chellen.

The board of AML subsequently met and decided on a new appointment for director, following Arian’s anger over negotiations with the Airports of Mauritius Ltd Employees’ Union (AMLEU) during his absence.

After his dismissal, Chellen filed a complaint with the Ministry of Labour on December 16, 2022, seeking reinstatement in accordance with Section 69A of the Workers’ Rights Act (WRA) of 2019.

It remains to be seen whether AML will reach an agreement with Chellen or appeal the court’s decision further.

For now, it appears that Chellen will receive both his salary as a director and an indemnity payment amounting to approximately Rs 20 million.

Source: l’Express