| 1 | The Permanent Arbitration 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 Minister, 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 Minister. 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) a Vice-President 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 that six members appointed annually by the Minister, after consultations with such organization representing employees and employers as the Minister considers appropriate. |
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| THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS |
Application of Act to public service In the application of this Act to the public service and civil unions – |
| a) | the functions of the Permanent Arbitration Tribunal, the Industrial Relations Commission and the Minister shall be exercised – |
| | i) | in the case of the Tribunal, by the Civil Service Arbitration Tribunal established under section 100; |
| | ii) | in the case of the Commission, by such machinery as may be prescribed; |
| | iii) | in the case of the Minister, by the Minister to whom responsibility for the public service is assigned; and |
| b) | sub-Part C of Part IV, sub –Part G of Part VI, Part III, section 108(b) and the Second Schedule shall not apply. |
Principles to be applied
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| Where any matter is before the Tribunal, the Commission or the Board, the Tribunal the Commission or the Board shall, in the exercise of their functions under this Act, have regard, inter alia, to- |
| a) | the interest of the persons immediately concerned and the community as a whole; |
| b) | the principles and practices of good industrial relations; |
| c) | the need for Mauritius to maintain a favourable balance of trade and balance of payment; |
| d) | the need to ensure the continued ability of the Government to finance development programmes and recurrent expenditure in the public sector; |
| e) | the need to increase the rate of economic growth and provide greater employment opportunities; |
| f) | the need to preserve and promote the competitive position of local products in overseas markets; |
| g) | the need to develop schemes for payment by results, and so far as possible to relate increased remuneration to increased labour productivity; |
| h) | the need to prevent gains in wages of employees from being adversely affected by price increases; |
| i) | the need to establish and maintain reasonable differentials in rewards between different categories of skills and levels of responsibility; and |
| j) | the need to maintain a fair relation between the incomes of different sectors in the community. |
