Faute grave

Total Mauritius Ltd v Abdurrahman (Mauritius) [2015] UKPC 45, [2015] All ER (D) 124 (Nov) NLJ 20 November

The Privy Council allowed the appellant’s appeal against an order of the Supreme Court of Mauritius, by which the appellant was ordered to pay to the respondent a sum in the form of wages in lieu of notice and a severance allowance at the normal rate. Taken together, the factors which had informed the degree of blameworthiness of the respondent’s misconduct rendered the breach of his duty of non-competition so fundamental that, even when placed in the context of his long unblemished record, it could not reasonably be regarded as other than “faute grave”