Abstract

The evolution of labour law on Mauritius started with the repeal of the “code noir” (literally the black code) which was introduced in France in 1685 and extended to the island in 1723. It contained inhumane provisions that treated a slave as merchandise, as the property of his master which was subject to a list of punishments for not obeying the orders of the latter. Freedom of movement was then a crime.

Highlights

  • Part I: Historical backgroundA remote island in the Indian Ocean surrounded by a blue lagoon was first discovered by the Arabs followed by the Europeans; the Dutch, the French and the British

  • The evolution of labour law on the island started with the repeal of the “code noir” which was introduced in France in 1685 and extended to the island in 1723

  • The Employment Relations Act, which is the main legislation providing for arbitration of labour disputes, provides for specific conditions to be met before an arbitration reaches the Tribunal: the case must first be referred for conciliation and mediation

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Summary

Part I: Historical background

A remote island in the Indian Ocean surrounded by a blue lagoon was first discovered by the Arabs followed by the Europeans; the Dutch, the French and the British. Industrial relations law from Britain found its way to Mauritius. To be sought from other sources as well One such source is the laws of the United States, the relevance of which is to be explained by the fact that the English Industrial Relations Act of 1971, which inspired the Mauritian Industrial Relations Act of 1973, aimed at introducing American style industrial relations in Britain. It is believed that this South African origin cannot be ignored in an attempt to determine what the Mauritian law is, since in the context of the regulation of industrial disputes, the Industrial Relations Act of 1973 contains many of the features of the Industrial Association Ordinance of 1938. Good employment laws and relations are more than ever crucial in this era of uncertainty, and the role and responsibility of the Tribunal through the arbitration that it performs are sine qua non to ensure peace, social stability and economic development

Part III: Arbitration
Part IV: Procedure and evidence
Findings
Conclusion
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