Mechanics of Arbitration

Mauritius Times – 60 Years

Mauritius is not the only country, where the battle for higher wages is not in full swing. In America, workers of the motor car industry went on strike recently; the British printing industry is still in the throes of a four-week strike. And while the Arbitration Tribunal is on, workers, especially cane cutters, in various parts of the Island have struck in protest against the low wages paid to them. The fate of these and cutters will depend solely upon the awards of the P. Kirkaldy Arbitration Tribunal. One therefore easily understands the importance of the Arbitration Tribunal. Let’s look into the mechanics of arbitration.

Under our existing law there are two preconditions to the setting up of an arbitration tribunal. First, if the Labour Minister is satisfied that all avenues of bargaining have been exhausted without the parties reaching agreement, he refers the dispute to an arbitration tribunal which is instituted by an Order of the Governor-In-Council. Such a tribunal normally comprises a Chairman and two other members —  assessors, they are called. The Governor may also appoint two additional members, one from the workers’ side and one from the employers’ side. He also has the discretionary power to revoke the nomination of the additional members as has been the case with Mr R. Baboolall of the MALA and Mr C. Noël of the SPA.

Secondly, the Governor can step into a dispute and refer the matter to arbitration if he senses a serious outbreak of disorder or if he feels that continuance of the dispute is likely to cause undue hardship to large sections of the community or if the industry is threatened with utter dislocation. This is compulsory arbitration.

Once the tribunal is instituted, it is supposed to make its award or awards within the least delay and if possible, within 14 days of its institution. And, once the award is published in the Gazette it becomes binding upon the parties of the dispute. When an award lays down the terms and conditions of employment in a specific trade or industry, employers of any area irrespective of whether they were parties to the dispute or not have to observe those terms and conditions if the trade union or unions concerned have a substantial number of members in the particular area.

When the tribunal finds that it needs information or statistics, it is legally empowered to require any person to furnish such information which is relevant to the matter in dispute. It can also require the production of documents which in its opinion will elicit information it considers necessary. The law also protects the workers who wish to depone before a tribunal. Any employer who dismisses a workman or reduces his remuneration or victimizes him because that said workman is known to have given information to the Tribunal shall be guilty of an offence. He shall on conviction be liable to either a fine of Rs 1,000 or imprisonment for a period of six months.

The press is allowed to give a fair and accurate report or summary of the proceedings of the tribunal or of the evidence given before the tribunal. But until the award or the findings and conclusions are published in the Government Gazette no comment shall be published in respect of the proceedings or the evidence.

The intricate mechanics of arbitration apart, there is of course the unwritten philosophy which is supposed to goad and guide arbitrators. As a supreme body with supreme authority, they are considered the repository of the disputing parties’ hopes. They have to do justice.

6th Year – No 259
Friday 31th July 1959

Mauritius Times ePaper Friday 26 January 2024