Section 32: Conciliation
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
32. Conciliation
(1) The Commission shall, in the first place, attempt to resolve any matter which is the subject of an investigation by conciliation.
(2) For the purposes of conciliation under subsection (1), the Commission
may, by written notice, require the attendance of—
(a) the complainant;
(b) any person who is alleged to have committed the act of discrimination which is the subject matter of the complaint; and
(c) any other person—
(i) who is likely to be able to provide information relevant to
the conciliation proceedings; or
(ii) whose presence at the meeting is likely to assist in the
matter.
(3) The Commission may, in a notice under subsection (2), require any
person specified in the notice to produce such documents at the conciliation
proceedings as are specified in the notice.
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Revised Laws of Mauritius
(4) Any conciliation proceedings held under this section may, with the
consent of the parties, be in private and, subject to this Act, shall be conducted in such manner as the Commission thinks fit.
(5) Where a complaint has been settled by conciliation, the settlement
shall be embodied in a written agreement and registered with the Tribunal
and, upon registration, the agreement shall be deemed to be an order of the
Tribunal and be binding on the parties.
(6) Any person who, without reasonable cause, fails to comply with a
notice referred to in subsection (2) shall commit an offence and shall, on
conviction, be liable to a fine not exceeding 10,000 rupees.
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Questions this section answers
- Does the Commission try to settle my complaint by conciliation before taking further steps?
- If a settlement is reached, does it become as binding as a Tribunal order?