You were dismissed and you think it was unfair
An employment dispute in Mauritius normally starts with conciliation at the Ministry of Labour, not in a court. juris can show you the route and what the Employment Relations Act says about it. What you are owed is set by the Workers' Rights Act 2019, which this guide does not quote yet: ask juris directly for that.
Written by the juris team. Not yet reviewed by a Mauritian lawyer.
What to do
- Write down the dates: your first day, your last day, the day you were told, and what reason you were given.
- Gather what you already have: contract, payslips, letters, messages. You do not need a lawyer to collect these.
- Go to the Ministry of Labour. The supervising officer can conciliate a dispute that has not yet been reported to the Commission.
- If you agree there, the agreement is put in writing, signed, and registered. That is a real outcome, not a lesser one.
- If not, the dispute can go on to the Employment Relations Tribunal. juris holds its published decisions, so you can read what it has actually decided.
What the law says
The supervising officer at the Ministry may conciliate a dispute before it is reported to the Commission.
Notwithstanding this Act, the supervising officer may provide a conciliation service with a view to conciliating the parties to a dispute not yet reported to the President of the Commission.
An agreement reached there is written down, signed and registered, and has the effect of a collective agreement.
Where the dispute is resolved by an agreement under subsection (1), the agreement shall— (a) be recorded in writing; (b) be signed by the parties; (c) be registered with the supervising officer and the Tribunal; and (d) have the effect of a collective agreement as specified in sections 55 and 56.
The Employment Relations Tribunal cannot hear a dispute that is within the exclusive jurisdiction of the Industrial Court, or that is already before a court.
The Tribunal shall not enquire into any labour dispute where the dispute relates to any issue— (a) within the exclusive jurisdiction of the Industrial Court; (b) which is the subject of pending proceedings before the Commission or any Court of law.
What this guide does not cover
- What you are owed, and how long you have to claim it. Severance, notice and the time limits for an employment claim are set by the Workers' Rights Act 2019. juris holds that Act as it was enacted in 2019 (listed as Act No 20 of 2019), not as amended since, and this guide has not yet been written from it. So it states no figure and no deadline. Ask juris directly and it will quote the provision it finds and say which text it read.
Where the matter is heard
- Ministry of Labour: conciliation by the supervising officer: A labour dispute between a worker and an employer, before it is reported to the President of the Commission for Conciliation and Mediation.
- Employment Relations Tribunal (ERT): Labour disputes referred to it for arbitration, and the other matters the Employment Relations Act gives it.
Also worth knowing
- Equal Opportunities Commission: A written complaint that a right under the Equal Opportunities Act has been infringed, that is, an alleged act of discrimination.