| | 1. | The Employment Relations Tribunal is a quasi-judicial body to which industrial disputes are referred, inquired into and awards made thereon. Where an industrial dispute, whether existing or apprehended, is rejected by the Conciliation and Mediation Commission, to whom responsibility for the subject of industrial relations is assigned, the aggrieved party may appeal against the rejection to the Tribunal, which, in any such appeal may confirm or revoke the decision of the Commission. The Tribunal, on a reference from the Registrar of Associations praying for the cancellation of a trade union, on a ground justifying cancellation, may – |
| | | a) | allow the trade union time to remedy the default or failure; or |
| | | b) | direct the Registrar to cancel the registration of the trade union |
| | 2. | The Tribunal Consists of - |
| | | a) | i) a President, and |
| | | | ii) two Vice-Presidents whose offices are public offices. |
| | | A Person cannot be appointed President or Vice President unless he qualifies for appointment as a Judge of the Supreme Court and |
| | | b) | not more than sixteen members appointed for a period of three years by the Minister, after consultations with such organization
representing employees and employers as the Minister considers appropriate. |
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| | The Tribunal, the Commission or the Board may, in the exercise of their functions in relation to a matter before them under this Act have regard, inter alia, to - |
| | | (a) | the interests of the persons immediately concerned and the community as a whole; |
| | | (b) | the need to promote decent work and decent living; |
| | | (c) | the need to promote gender equality and to fix wages on the basis of job content; |
| | | (d) | the principles of natural justice; |
| | | (e) | the need for Mauritius to maintain a favourable balance of trade and balance of payments; |
| | | (f) | the need to ensure the continued ability of the Government to finance development programmes and recurrent expenditure in the public sector; |
| | | (g) | the need to increase the rate of economic growth and to protect employment and to provide greater employment opportunities; |
| | | (h) | the need to preserve and promote the competitive position of local products in overseas market; |
| | | (i) | the capacity to pay of enterprises; |
| | | (j) | the need to develop schemes for payment by results and, as far as possible, to relate increased remuneration to increased labour productivity; |
| | | (k) | the need to prevent gains in the wages of workers from being adversely affected by price increases; |
| | | (l) | the need to establish and maintain reasonable differentials in rewards between different categories of skills and levels of responsibility; |
| | | (m) | the need to maintain a fair relation between the incomes of different sectors in the community; and |
| | | (n) | the principles and best practices of good employment relations. |
