Section 2: Interpretation

2. Interpretation In this Act, unless the context otherwise requires— “accounting date”, in relation to a registered trade union, means the closing date of its accounting period; “accounting period” means the period specified under section 24 (2); “agency shop order” means an order made under section 47; “auditor” means any person appointed as such at a general assembly of a trade union; “award” means an award made by the Tribunal; “bargaining agent” means any trade union, or where there is a joint negotiating panel, such joint negotiating panel having negotiating rights to bargain collectively on behalf of the workers in a bargaining unit; E9A – 3 [Issue 8] Employment Relations Act “bargaining unit” means workers or classes of workers, whether or not employed by the same employer, on whose behalf a collective agreement may be made; “Board” means the National Remuneration Board established under section 90; “branch” means a branch of a trade union; “check-off agreement” means an agreement between an employer and a trade union for trade union fees to be deducted from the wages of a worker by the employer and paid to the trade union; “civil service union” means a trade union of workers, membership of which is confined to public officers; “collective agreement” means an agreement which relates to terms and conditions of employment, made between a recognised trade union of workers or a joint negotiating panel and an employer; “collective bargaining” means negotiations relating to terms and conditions of employment or the subject matter of a procedure agreement; “Commission” means the Commission for Conciliation and Mediation established under section 87 or the Rodrigues Commission for Conciliation and Mediation established under section 99, as the case may be; “confederation” means an association of federations; “contract of employment” means a contract of service or apprenticeship, whether express or implied; “disciplined force” has the same meaning as in section 111 of the Constitution; “employer” includes a person, an enterprise, the State, a statutory corporation, a body of persons employing a worker, or a group of employers or a trade union of employers; “enterprise” includes a unit of production; “federation” means an association of trade unions; “industry” includes a business or part of an industry; “joint negotiating panel” means the representatives of 2 or more trade unions of workers having negotiating rights; “labour dispute”— (a) means a dispute between a worker, a recognised trade union of workers, or a joint negotiating panel, and an employer which relates wholly or mainly to wages, terms and conditions of [Issue 8] E9A – 4 Revised Laws of Mauritius employment, promotion, allocation of work between workers and groups of workers, reinstatement or suspension of employment of a worker; (b) does not, notwithstanding any other enactment, include a dispute by a worker made as a result of the exercise by him of an option to be governed by the recommendations made in a report of the Pay Research Bureau or a salary commission, by whatever name called, in relation to remuneration or allowances of any kind; (c) does not include a dispute that is reported more than 3 years after the act or omission that gave rise to the dispute; “local authority” has the same meaning as in the Local Government Act; “local government officer” has the same meaning as in section 111 of the Constitution; “lock-out” means any action taken by an employer, wheth recommendations made in a report of the Pay Research Bureau or a salary commission, by whatever name called, in relation to remuneration or allowances of any kind; (c) does not include a dispute that is reported more than 3 years after the act or omission that gave rise to the dispute; “local authority” has the same meaning as in the Local Government Act; “local government officer” has the same meaning as in section 111 of the Constitution; “lock-out” means any action taken by an employer, whether or not in contemplation or furtherance of a labour dispute and whether or not the employer is a party to a dispute, which consists in— (a) the exclusion of a group of workers from a place of employment; (b) the suspension of work in a place of employment; or (c) the collective, simultaneous or otherwise connected termination or suspension of employment of a group of workers; “managing committee” means the managing committee entrusted with the management of a trade union; “Mauritius Fire and Rescue Service” means the Service defined in section 2 of the Mauritius Fire and Rescue Service Act; “member” means a member of a trade union; “Minister” means the Minister to whom responsibility for the subject of labour and employment relations is assigned; “Ministry” means the Ministry responsible for the subject of labour and employment relations; “negotiating rights” means the right to participate in collective bargaining; “negotiator” means a person appointed as such under section 14 (2); “office bearer” means an officer who is assigned a specific office in the managing committee; “officer”, in relation to a trade union, means— (a) a member of the managing committee; (b) a member of the managing committee of a branch; (c) a workplace representative designated by the managing committee to represent the trade union; E9A – 5 [Issue 7] Employment Relations Act “president” means the president of a trade union and includes any officer who acts or purports to act as the president of the trade union; “procedure agreement” means an agreement which relates to— (a) machinery for negotiation with regard to, or for, the settlement of terms and conditions of employment; (b) negotiating rights; (c) facilities for officers in relation to trade union activities; (d) the establishment of a minimum service under section 81; (e) procedures relating to disciplinary matters; or (f) procedures relating to grievances of individual workers; “public officer” has the same meaning as in section 111 of the Constitution; “public service” has the same meaning as in section 111 of the Constitution; “recognition” means the recognition of a trade union of workers, or a joint negotiating panel, by an employer for the purpose of collective bargaining; “register” means the register required to be kept by the Registrar under section 8; “registered” means registered under this Act; “registered office” means the registered place of business of a trade union; “Registrar” means the Registrar of Associations under the Registration of Associations Act; “Remuneration Regulations”— (a) means any regulations made by the Minister under section 93; and (b) includes any Remuneration Order, made under the repealed Industrial Relations Act, which is still in operation; “secretary”— (a) means the secretary of a trade union; and (b) includes any officer who acts or purports to act as secretary of the trade union; “sole bargaining agent” means a trade union of workers or a joint negotiating panel which ha tions under the Registration of Associations Act; “Remuneration Regulations”— (a) means any regulations made by the Minister under section 93; and (b) includes any Remuneration Order, made under the repealed Industrial Relations Act, which is still in operation; “secretary”— (a) means the secretary of a trade union; and (b) includes any officer who acts or purports to act as secretary of the trade union; “sole bargaining agent” means a trade union of workers or a joint negotiating panel which has exclusive negotiating rights in respect of a bargaining unit; “special fund” means a fund of a trade union to which the members of the trade union are free not to contribute; “strike” means any action taken by a group of workers whether or not in furtherance of a labour dispute, and whether or not they are parties to the dispute, which consists in— (a) a concerted stoppage of work; or [Issue 7] E9A – 6 Revised Laws of Mauritius (b) a concerted course of conduct, including going slow or working to rule, which is carried on— (i) with the intention of preventing, reducing or otherwise interfering with the production or distribution of goods, or the provision of services; and (ii) in the case of some or all of the workers involved, in breach of their obligations to their employer or in disregard of the normal arrangements between them and their employer; “supervising officer” means the Senior Chief Executive or the Permanent Secretary, as the case may be, of the Ministry; “trade union”— (a) means an association of persons, whether registered or not, having as one of its objects the regulation of employment relations between workers and employers; and (b) includes a federation or a confederation, except in relation to sections 5 (1) (e) and (f), 7 (1) (c) and (e), 13, 16 (1) and (2), 29, 32 (1), (2) and (3) and 43 to 50; “trade union fee”— (a) means a regular subscription payable to a trade union by a member as a condition of his membership; but (b) does not include any other subscription or levy; “treasurer”— (a) means the treasurer of a trade union; and (b) includes any officer who acts or purports to act as the treasurer of the trade union; “Tribunal” means the Employment Relations Tribunal established under section 85; “wages” means all the emoluments payable to a worker under a contract of employment; “worker”— (a) means a person who has entered into or works under a contract of employment, or a contract of apprenticeship with an employer, other than a contract of apprenticeship regulated under the Mauritius Institute of Training and Development Act, whether by way of casual work, manual labour, clerical work or otherwise and however remunerated; and (b) includes— (i) a former worker; (ii) a person who has accepted an offer of employment. [S. 2 amended by s. 11 (a) of Act 14 of 2009 w.e.f. 1 July 2009; s. 3 of Act 5 of 2013 w.e.f. 11 June 2013.] E9A – 7 [Issue 9] Employment Relations Act