Court Rules in Favor of Former MK Executive Sulliman Osman Atchia

In a significant ruling, the Supreme Court has sided with Sulliman Osman Atchia, a 74-year-old former General Manager of Customer Services at Air Mauritius, in a dispute regarding his pension and associated benefits. The court has mandated that the airline rectify Atchia’s pension, awarding him a total of 3,341,517 Mauritian rupees (approximately $76,000).

The judgment, delivered by Justice Sulakshna Beekarry-Sunassee on August 5, 2024, marked a pivotal moment for Atchia, who has been advocating for his rights since his departure from the company.

Atchia, who began his career with Air Mauritius in 1972, was initially dismissed in 1987.

Following this termination, he pursued legal action against his former employer, which culminated in a settlement on January 15, 1998.

This settlement, presided over by Justice Paul Lam Shang Leen, resulted in his reinstatement.

Subsequently, Atchia was promoted twice—first to Senior Manager Grade ‘A’ on April 1, 1999, and then to General Manager of Customer Services on August 1, 2004.

However, when the retirement age was extended to 65 in 2008, Atchia found himself compelled to retire on August 20, 2009, even though he believed his retirement date should have been September 2010.

This situation prompted him to file a new complaint in 2012, claiming that his retirement was premature and unjustified.

Atchia sought compensation amounting to 3,665,332 rupees for various financial losses, including 1,668,587 rupees in lost income from August 21, 2009, to September 30, 2010, and 1,372,930 rupees in unrealized retirement capital gains.

Additionally, he demanded a monthly pension of 46,665 rupees and 2 million rupees in damages for the hardships he experienced.

Air Mauritius contested Atchia’s claims, asserting that his 1987 dismissal was legally justified and alleging that his official retirement date was indeed August 21, 2009.

The airline further argued that it had accurately calculated his pension benefits and that any financial obligations to Atchia had been halved due to the company entering voluntary administration in April 2020.

This recent ruling is following two previous judgments in Atchia’s favor, including one from June 28, 2021, in which the Court of Appeal confirmed that he should have retired in September 2010.

Justice Beekarry-Sunassee remarked that Air Mauritius’s actions appeared dismissive of judicial authority, stating, “The present case is an example of a defendant (Air Mauritius) seeking to pretend none of the court decisions in the plaintiff’s (Sulliman Osman Atchia) favor actually happened, when they did happen.

Such behavior from the defendant undermined the authority of courts of law and left a litigant such as the plaintiff with an unattractive and burdensome task.”

Source: Defi Media