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Section 100: Prevention of intimidation

Employment Relations Act · PART X: OFFENCES AND PENALTIES

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

100. Prevention of intimidation (1) Without prejudice to the provisions of the Public Gatherings Act, but subject to section 101, any person acting on his own behalf or on behalf of a trade union may, in contemplation or furtherance of an industrial dispute, attend at or near a place where a person works or carries on business, either alone or in reasonable numbers and at a reasonable time for the purposes of peacefully obtaining or communicating information, or of peacefully persuading any other person to work or abstain from working. (2) Any person who, without lawful excuse, attends at or near a place where a person works or carries on business, otherwise than in accordance with the conditions specified in subsection (1) or for a purpose other than one that is specified in subsection (1), shall commit an offence. (3) Any person who, with a view to compelling any worker to abstain from doing or to do any act which that worker has a legal right to do or abstain from doing, without lawful authority or excuse— (a) uses violence on or intimidates that worker or his wife or children or damages his property; [Issue 8] E9A – 54 Revised Laws of Mauritius (b) persistently follows that worker about from place to place; (c) hides any tools, clothes or other property owned or used by that worker or deprives him of, or hinders him in, the use thereof; (d) watches or besets the house or other place where that worker resides, or works or carries on business, or happens to be, or the approach to such house or place; or (e) follows that worker with 2 or more persons in a disorderly manner in or through any street or road, shall commit an offence, and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 3 months. [S. 100 amended by s. 32 of Act 5 of 2013 w.e.f. 11 June 2013.]

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