Tony Stark is the newly elected chair person of National University Technicians Union (NUTU) which represents 70% of Technicians at the National University. NUTU is registered and holds a registration certificate from the Registrar of Associations.
However, the Direction of National University has refused to recognise NUTU as a bargaining agent to negotiate for a forthcoming collective agreement.
Advise Tony Stark as to the procedure he must follow as per the provisions of the Employment Relations Act 2008 for NUTU to obtain recognition as a bargaining agent.
‘There has been considerable development from the time of the Industrial Associations Ordinance 1938 to the present time of the Employment Relations Act 2008 to regulate the growing and altering demands of industrial relations in Mauritius.’
The Industrial Relations Commission which existed under the repealed Industrial Relations Act has been renamed the Commission for Conciliation and Mediation under the Employment Relations Act 2008.
Discuss and describe the constitution, the powers and the functions of Commission for Conciliation and Mediation.
One of the fundamental requirements of a valid contract of employment is the mutual consent of contracting parties. Under what circumstances is mutual consent vitiated?