Section 31: Protection against discrimination and victimisation

31. Protection against discrimination and victimisation (1) No person shall— (a) require another person— (i) seeking employment not to join a trade union of his own choice; (ii) to give up membership of a trade union; (iii) not to exercise any right under this Act; or [Issue 5] E9A – 20 Revised Laws of Mauritius (iv) not to participate in any proceedings taken or held for the purposes of this Act; (b) discriminate against, victimise or otherwise prejudice— (i) a person seeking employment because of his past, present or anticipated membership of a trade union, or his participation in the formation of a trade union; (ii) a worker for his failure or refusal to perform an act which he may not lawfully require that worker to do, or for disclosing any information that the worker is lawfully entitled or required to disclose to another person, or for his involvement in trade union activities. (2) (a) A person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees. (b) In a prosecution under subsection (1) (b)— (i) a person or a worker who alleges that he has been discriminated against, victimised or otherwise prejudiced by a prospective employer or employer, as the case may be, shall prove the facts of the conduct; and (ii) the prospective employer or employer, as the case may be, shall then prove that he did not engage in such conduct. (3) In this section— “involvement in trade union activities” means that the worker— (a) is a member or an officer of a trade union; (b) has acted as negotiator or representative of workers in collective bargaining; (c) has participated in a lawful strike; (d) was involved in the formation or proposed formation of a trade union; (e) has made or caused to be made a claim for some benefit for a worker or has supported any such claim, whether by giving evidence or otherwise; (f) has expressed grievance on behalf of another worker to an employer; (g) has been allocated or has applied to take any employmentrelated education leave; (h) has been a representative of other workers in dealing with an employer on matters relating to the employment of those workers; or (i) has represented workers under the Occupational Safety and Health Act, whether as a health and safety representative or otherwise. [S. 31 amended by s. 11 of Act 5 of 2013 w.e.f. 11 June 2013.] E9A – 21 [Issue 5] Employment Relations Act Sub-Part B – Basic Employers’ Rights to Freedom of Association