Section 35: Jurisdiction of Tribunal

35. Jurisdiction of Tribunal (1) The Tribunal shall have jurisdiction— (a) to hear and determine complaints referred to it by the Commission; (b) to issue an interim order as a matter of urgency for the purpose of— (i) preventing serious and irreparable damage to a person or category of persons; (ii) protecting the public interest; or (iii) preventing a person from taking any step that would hinder or impede a hearing before the Tribunal; (c) to make— (i) an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates; (ii) an order requiring the respondent to pay to the complainant, within such time as it may determine, compensation in an amount not exceeding 500,000 rupees; or (iii) a recommendation that the respondent takes, within a specified period, action appearing to the Tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates; and (d) to issue such directives as it considers necessary to ensure compliance with this Act. (2) In making an order against, or recommendation to, an employer, the Tribunal shall take into consideration whether that employer has adopted an equal opportunity policy at the place of work and its effectiveness. [Issue 4] E13A – 24 Revised Laws of Mauritius (3) Where, without reasonable justification, the respondent to a complaint fails to comply with a recommendation of the Tribunal made under subsection (1) (c) (iii), the Tribunal may, where it thinks fit— (a) increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1) (c) (ii) up to an amount not exceeding 500,000 rupees; or (b) make such order as could have been made under subsection (1) (c) (i) but was not so made. (4) The Tribunal may make all such recommendations and, do all such things and give all such directions as appear to be right and proper for reconciling the parties. (5) (a) The Tribunal shall not hear and determine a complaint under this Act unless the person making the complaint has voluntarily made a sworn statement, in such form as may be prescribed, that he has waived his right to initiate civil proceedings before any Court in Mauritius in respect of the facts that form the subject matter of the complaint. (b) A waiver referred to in paragraph (a) shall constitute a bar to subsequent civil proceedings being initiated by the complainant before any Court in Mauritius in respect of the subject matter of the complaint. (c) In this subsection, “civil proceedings” does not include an application made under section 17 or 83 of the Constitution. [S. 35 amended by s. 10 of Act 31 of 2011 w.e.f. 31 December 2011.]