Section 38: Procedure of Tribunal

38. Procedure of Tribunal (1) The jurisdiction and powers of the Tribunal may be exercised by the President and at least one other person referred to in section 34 (1) (b). (2) Where a complaint is referred to the Tribunal, the Secretary of the Tribunal shall give 14 days’ notice to the complainant, and to the party against whom the complaint has been made, of the date fixed for the hearing of the matter by the Tribunal. [Issue 5] E13A – 26 Revised Laws of Mauritius (3) The parties may be assisted by a barrister or an attorney. (4) The Tribunal may order that written submissions be filed— (a) in addition to an oral hearing; or (b) with the consent of the parties, instead of an oral hearing being held. (5) No evidence given in the course of conciliation proceedings under section 32 shall be admissible before the Tribunal. (6) The Tribunal may— (a) proceed to hear and determine a matter before it in the absence of any party who has been duly summoned to appear before the Tribunal and has failed without reasonable excuse to do so; (b) order any person to be joined as a party to the proceedings before the Tribunal, where the Tribunal considers that such person may be affected by an order or award, or that it would be just that he be joined as a party; and (c) generally give all such directions and do all such things as are necessary or expedient for the proper hearing and determination of the complaint before it.