It has exclusive civil and criminal jurisdiction to try any matter arising out of the enactments set out in the 1st schedule of the Act or of any regulations made under those enactments (which relate to labour laws). 129 of 1990), Blockmaking, Stone Crushing and Other Related Industries (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. 127 of 1990), Attorneys' and Notaries' Clerks' (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Short title The Industrial Court was established on March 20, 1965 by section 5(1) of the Industrial Stabilisation Act. No. 50. News. Interpretation 2. 101 of 2000). Office Attendants (Remuneration) Regulations 2013 (GN No. No. Litigation and court procedure. 136 of 1990), Export Enterprises (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. There are various bodies that monitor and regulate a variety of sectors including business, government, banking, finance, taxation, shipping, insurance, employment, rights and intellectual property. Revised Laws of Mauritius E10 – 1 [Issue 1] END OF THE YEAR GRATUITY ACT Act 21 of 2001 – 2 August 2001 ARRANGEMENT OF SECTIONS SECTION 1. Website queries to webmaster-jud@govmu.org, © Copyright 2010 The Supreme Court of Mauritius, Terms and Conditions | Short title This Act may be cited as the Patents, Industrial Designs and Trademarks Act. 145 of 1990), Sugar Industry (Non-Agricultural Workers)(Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Industrial Court of Malaysia, Tingkat 14, Wisma PERKESO, No.155, Jalan Tun Razak, 50400 Kuala Lumpur, Malaysia. Type of legislation: Law, Act. Short title. 2. (868) 653-5182 / 0652 or 225-4288 (868) 652-7321/ 8910 An Act of Parliament to establish the Industrial Court as a superior court of record; to confer jurisdiction on the Court with respect to employment and labour relations and for connected purposes [L.N. Decision: Dismissal of a bank employee for falsification of accounts and withdrawal of money, that too after holding of an enquiry, will be justified and the industrial Tribunal erred in awarding reinstatement with 50% back wages. Private Secondary School Employees (Remuneration No. 130 of 2003). imposed summarily by the Court. 19/2012.] 2) Regulations 1995 (Government Notice No. Distributive Trades (Remuneration) Regulations 2019 (GNNo. 32 of 2008). 71 of 1961). 246 of 1990), Animal Farming (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. There is a reviewing authority who is the Chief Justice or such other judge as he may depute (Section 12 of the Industrial Court Act)., https://supremecourt.govmu.org/Style%20Library/MenuImages/legislation_up.png, https://supremecourt.govmu.org/Style%20Library/MenuImages/judgement_up.png, https://supremecourt.govmu.org/Style%20Library/MenuImages/causelist_up.png. (2) The Magistrate— Sugar Industry (Agricultural Workers) (Remuneration Order) (Amendment) Regulations 1995 (Government Notice No. 149 of 1990), Newspapers and Periodicals Workers (Remuneration Order) Regulations 1990 (Government Notice No. 3. Interpretation. 432 LFN). Salt-Manufacturing Industry (Remuneration Order) Regulations 1983 (GN No. Light Metal and Wooden Furniture Workshops (Remuneration Order) (Amendment) Regulations 1993 (G.N. Non-application to other islands (1) This Act shall apply only to the island of Mauritius. Public Transport (Buses) Workers (Remuneration Order) Regulations 2008 (GN No. The long title of theIndustrial Relations Act 1967 (Act 177)which was amended by the Industrial Relations (Amendment) Act 2007 (Act A1322) prescribes the following:- “Anact to promote and maintain industrial harmony and to provide for the regulation of the relation between employers and workmen and their trade union and the prevention and settlement of any difference or dispute arising from their relationship … Industrial Relations (Amendment) Act 2003 (No. Attorneys' and Notaries' Employees (Remuneration Order) (Amendment) Regulations 2006. 35. 2008 (GN No. 140 of 1990), Road Haulage (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Industrial Relations (Amendment) Act 1977. The Industrial Court The Industrial Court was established by section 3 of the Industrial Court Act. Amended by [Act No. Mauritius has a single-structured judicial system consisting of two parts, the Supreme Court and the Subordinate Courts. Applying for a restricted license 214 of 1983). Cleaning Enterprises (Remuneration Order) Regulations 1995 (Government Notice No. Sittings — PATENTS, INDUSTRIAL DESIGNS AND TRADEMARKS ACT PART I – PRELIMINARY 1. 150 of 1995). The Industrial Court (the Court) is a Tribunal Non-Departmental Public Body with statutory powers. 146 of 1990), Tailoring Trade (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Amended text(s): Interpretation 3. No. 131 of 1990), Cinema Workers (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. 104 of 1990), Nursing Homes (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Jurisdiction of the Court In addition to its inherent powers as … Field-crop and Orchard Workers (Remuneration Order) Regulations 2008 (G.N. The Trade Marks Act of 1868 and the Patents Act of 1875 used to provide for the registration of trade marks and the grant of patents respectively until 06 January 2003, when these acts were repealed and replaced by the following legislations on industrial … No. Offences 52. A writ petition was admitted by the High Court. Nursing Homes (Remuneration Order) Regulations [a] The Industrial Court is a formally constituted legal body under the Article 162 of the Constitution of Kenya 2010, which states, ‘’ Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to employment and labour relations.’’ Mauritius has a well-developed, stable and transparent regulatory framework based on international standards. YH Collection of Laws for Electronic Access MAURITIUS MU003EN Unfair Competition, Act, 08/08/2002, No. 142 of 1990), Salt Manufacturing Industry (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. The amended constitution now recognises and confers exclusive jurisdiction on the National Industrial Court for civil causes and matters relating to labour, employment, trade union and industrial relations. The Industrial Court is composed of two Magistrates who are appointed by the Judicial and Legal Service Commission (section 86 of the Constitution). 129 of 1985). 326 of 2013). Adopted on: 1973-12-24. ACT Magistrates Court Decisions; Magistrates Court Practice notes and directions & notices to practitioners; Driving Offences. Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983 (GN No. 15 of 1993), Security Guards (Remuneration Order)(Amendment No. Cause List Cause List https://supremecourt.govmu.org/Style%20Library/MenuImages/causelist_up.png true Database of national labour, social security and related human rights legislation. Pre-Primary School Employees (Remuneration Order) Regulations 2000 (G.N. Act or the Industrial Court Act and who is unable to exercise that right ow-ing to poverty, may, on the day of judgment— (a) inform the Magistrate, orally or in writing, of his intention to appeal; and (b) apply through the Magistrate for the grant of legal aid. 4 of 1999] 8. 1) and the Regulation of Wages and Conditions of Employment Ordinance 1961 (No. Sugar Industry (Non-Agricultural Workers) (Remuneration Order) (Amendment) Regulations 1995 (Government Notice No. (b) The Chief Justice may entrust the seal to such officers of the Court as he thinks fit. Distributive Trades (Remuneration Order) Regulations 2004 (G.N. 22 page 2/7 Part I Preliminary Short Title 1. Act at variance with the Constitution. Act on-line Institution of Occupational Safety and Health Management (IOSHM), Vacoas, Mauritius PDF (consulted on 2010-02-01) Legislation on-line Ministry of Labour, Industrial Relations, Employment and Training, Mauritius PDF of Act as amended to Act No. He raised an industrial dispute wherein his dismissal was set aside. An Act to amend and consolidate the law relating to trade unions and the settlement of industrial disputes; to promote harmonious industrial relations; to provide for the establishment of a Permanent Arbitration Tribunal, an Industrial Relations Commission and a National Remuneration Board and to provide for matters connected with and incidental to these purposes. 90 of 1993), Baking Industry (Remuneration Order) Regulations 1993 (G.N. Repeals the Trade Union Ordinance 1954 (No. Livestock Workers (Remuneration Order) Regulations Industrial Court Building, 6 Irving Street (North) San Fernando Trinidad and Tobago, W.I. Any person who has a right of appeal against a conviction or order of a Magistrate under the District and Intermediate Courts (Criminal Jurisdiction) Act or the Industrial Court Act may on the day of the judgment inform the magistrate orally or in writing of his intention to appeal and apply for the grant of legal aid. It was originally set up in 1919 to provide arbitration in industrial disputes and it … 9 of 1995). (1) The Supreme Court shall have a seal bearing on it the Arms of Mauritius with the words 'Supreme Court, Mauritius'. 105 of 1990), Sugar Industry (Non-Agricultural Workers) (Remuneration Order) Regulations 1985 (G.N. 103 of 1990), Printing Industry (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Industrial Relations Act; Industrial Relations (Amendment) Bill, 2015; The Retrenchment and Severance Benefits Act, Chapter 88:13; The Maternity Protection Act, Chapter 45:57; The Minimum Wages (Amendment) Act, Chapter 88:04; The Occupational Safety and Health (Amendment) Act, Chapter 88:08; Media Centre. 78 of 2014). 133 of 1990), Distributive Trades (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Offenes c 7. No. An Act to amend and consolidate the law relating to trade unions and the settlement of industrial disputes; to promote harmonious industrial relations; to provide for the establishment of a Permanent Arbitration Tribunal, an Industrial Relations Commission and a National Remuneration Board and to provide for matters connected with and incidental to these purposes. 55 of 2001). Country: Mauritius. (2) (a) The seal shall be kept by the Chief Justice. Establishment of Industrial Court. It is the principal court of original civil and criminal jurisdictions. This act was repealed and replaced by the Industrial Relations Act, Chapter 88:01 on July 31, 1972. 13 of 2013 (consulted on 2016-03-23) Power of authorised officers 5. Printing Industry (Remuneration) Regulations 2014 (G.N. Juridiction s 6. It has exclusive civil and criminal jurisdiction to try any matter arising out of the enactments set out in the 1st schedule of the Act or of any regulations made under those enactments (which relate to labour laws). 67. The Industrial Court is a superior Court of record, and thus, it has a status that is equivalent to that of the High Court of Justice. No. Payment of gratuity 4. No. 11 of 1995). BIAG Mauritius invoked Mr. B’s … Court fees and fees to ushers (1) There shall be paid on every proceeding in the intermediate Court or a District Court such fees as are prescribed in the Court Fees Act. An Act to amend the Industrial Relations Act 1973. It is a superior court of record (Section 15 of the Courts Act). 172 of 2004). This Act may be cited as the Protection against Unfair Practices (Industrial Property Rights) Act 2002. 13 of 2003). Cinema Employees (Remuneration Order) Regulations 2005 (Government Notice No. 148 of 1990), Tobacco and Vegetables Cultivation (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. 209 of 2019). Period of appointment, remuneration, etc. Any person against whom judgment has been given may appeal subject to the same conditions as appeals from a decision of a District Magistrate (section 11 Industrial Court Act). 29 of 1992] 9. 140/2014 In the matter of: Jimmy Rousseau Plaintiff V Elegencia Ltée Defendant JUDGMENT The plaintiff was in continuous employment of the defendant since 5th June 2003 and was employed as Workshop Supervisor. The Industrial Relations Act (abbreviated 'IRA') is a law in Mauritius, which regulates relations in the labour market.IRA gives the right for workers to strike, but with some limitations.The IRA stipulates a 21-day 'cool-down period' before a strike can take effect and that the Ministry of Labour can decide that a dispute shall be settled by a binding arbitration in the Labour Court. In this Act— 5. 48 of 2008). Tel : +60392365000 Fax : +60326810100 ACT Supreme Court Judgments and Sentences; Supreme Court Practice notes and directions & notices to practitioners; ACT Magistrates Court Law & Practice. Delegation by Minister. 135 of 1990), Electrical, Engineering and Mechanical Workshops (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Sugar Industry (Non-Agricultural Workers) (Remuneration Order) (Amendment No. INDUSTRIAL RELATIONS ACT ARRANGEMENT OF SECTIONS SECTION 1. 141 of 2008). Transitional provisions 56. Subject (s): Freedom of association, collective bargaining and industrial relations. Court and the powers conferred or the duties imposed on a District Magistrate, by any enactment are also conferred or imposed, as the case may be, on the Intermediate Court or any Magistrate of the Intermediate Court. 147 of 1990), Tea Industry Workers (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. Industrial Court of Malaysia, Mahkamah Perusahaan Malaysia. 70 of 2003). Blockmaking, Construction, Stone Crushing and Related Industries (Remuneration) Order Regulations, 2003 (GN No. 139 of 1990), Messengers (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. 6. 36 of 1954), the Trade Disputes Ordinance 1965 (LS 1965 - Maur. 138 of 1990), Light Metal and Wooden Furniture Workshops (Remuneration Order)(Amendment) Regulations 1990 (Government Notice No. 10 of 1995). 67 of 2002). 128 of 1990), Baking Industry (Remuneration Order)(Amendment) Regulations 1983 (Government Notice No. It exercises general powers of supervision over all District, Intermediate and Industrial Courts and other special courts (Sections 34 and 38 of the Courts Act and section 82 of the Constitution). 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