Effect given to the recommendations of the committee and the Governing Body - REPORT_NO368, June 2013

Effect given to the recommendations of the Committee and the Governing Body

1. 58. The Committee last examined this case at its May–June 2012 meeting, when it made the following recommendations [see 364th Report, paras 676–700]:
   • (a) The Committee draws the attention of the Government to the principles set out in the above conclusions including the constraints which apply to public authorities when intervening in the process of collective bargaining between the social partners.
   • (b) In view of the contradictory versions of the complainant, the Government and the trade unions concerned and with respect to the effect on the collective agreements of the action taken by the Minister to refer the 21 issues that could not be resolved during the collective bargaining process to the NRB, and the legality of such action, and noting that the complainant sought leave from the Supreme Court for an application for judicial review to quash, reverse and set aside the decision of the Minister which has still not been determined by the Court, the Committee expects that the abovementioned principles will be brought to the attention of the Court and requests the Government to provide a copy of the court judgment as soon as it is handed down.
2. 59. In its communications dated 2 October 2012 and 8 March 2013, the Government indicates that: (1) following deadlock reached at the level of the Commission for Conciliation and Mediation on another labour dispute reported against the Mauritius Sugar Producers’ Association (MSPA) by the Joint Negotiating Panel (JNP) on 10 March 2012 on two new issues, the JNP opted to have recourse to strike action. The MSPA subsequently made an application on 2 August 2012 to the Employment Relations Tribunal (ERT) for an order restraining and prohibiting the JNP from launching or participating in any strike or any matter preparatory to a strike; (2) in view of reaching a settlement, the Minister of Labour, Industrial Relations and Employment was mandated by the Government to pursue negotiations with the parties and finally an agreement was reached on 17 August 2012 (a copy of the agreement is attached to the Government’s communication) whereby it was agreed, inter alia, that: (i) the Minister of Labour, Industrial Relations and Employment shall withdraw his referral of the 21 unresolved issues which he made to the National Remuneration Board (NRB) on 26 July 2010; (ii) the MSPA shall withdraw its application before the Supreme Court in relation to an eventual judicial review of the Minister’s decision to refer the 21 unresolved issues to the NRB; and (iii) the Minister of Labour, Industrial Relations and Employment shall refer to the NRB for review only the following three issues: (a) payment of a night shift allowance of 25 per cent of daily basic wage to workers working during night shift; (b) the retirement age for a male worker to be 50 years and that for a female worker to be 45 years; and (c) the payment of gratuity on retirement at the age of 60 years/retirement on medical grounds before 60 years/on the death of a worker to be computed on the basis of 2.5 months wages per year of service; (3) on 21 August 2012, the NRB was requested by the Ministry of Labour, Industrial Relations and Employment to take necessary action with respect to issues in point (2)(i) and (iii) above; and (4) on 13 December 2012, the MSPA withdrew its application made before the Supreme Court in relation to an eventual judicial review against the decision of the Minister of Labour, Industrial Relations and Employment to refer the 21 unresolved issues to the NRB.
3. 60. The Committee welcomes this information and duly notes that the collective dispute has been resolved further to the agreement mentioned above and that court proceedings have therefore been withdrawn by the complainant.