Examine and describe the circumstances in which a strike will be considered as an unlawful strike under the Employment Relations Act.
Examine the conditions which must be satisfied before an employer can lawfully terminate a worker’s employment under the Employment Rights Act.
In what circumstances will a trade union of workers be granted recognition by an employer under the Employment Relations Act? Illustrate the rights conferred by law upon a recognised trade union.
‘A failure on the part of any person to observe any provision of the Code of Practice shall not of itself render that person liable to proceedings of any kind’. (Section 35(2) of the Employment Relations Act). Discuss by reference to general objectives of the Code of Practice.
“Remuneration of an employee is at the centre of the employer or employee contractual relationship”. Examine critically this statement whilst referring to the extent that remuneration is protected by law.
“The resolution of labour disputes must be by arbitration, mediation or conciliation and not, by conflict”. Analyze that statement with reference to the many mechanisms of labour dispute resolution under Mauritian law.
Analyze critically the consequences and effects of an unlawful termination of agreement under the Employment Rights Act.