Industrial Court History

1068 Words5 Pages
The Industrial Court is a non-departmental tribunal from the public body with legal powers. It was initially established in 1919 to provide settlement for industrial disputes and it still provide voluntary arbitration role. It also has a constitutional power about taking decisions between trade unions and employers or the management. The Industrial court is also known as the labour court. According to the Industrial Court Act in Mauritius the Industrial court is established by section 3 of the Industrial Court Act. The Industrial Court is composed of two Magistrates who are appointed by the Judicial and Legal Service Commission. The industrial law has some other powers that is any worker facing any difficulties at work can apply to the magistrate…show more content…
The ADR is a very good remedy for resolving disputes rapidly as other techniques can be an expensive and long because of court hearing. The ADR is not only cheap but also a friendly way of involving both parties and expecting a more favorable results or decisions. Firstly, a commonly used form of ADR is Mediation this is usually used in family matters where the relationship between the parties is delicate especially where children are involved. This is a voluntary process and trusts on the mutual collaboration of both parties to appoint a person who can act fairly to ease and resolve the dispute. The person is called a mediator. Secondly, the Conciliation is another method that is used to solve disputes between parties and involves a third party taking an interventionist approach. The third party plays an active role making independent decisions, however the parties involved are not destined by these proposals. The Conciliation is a creative process, whereby parties can choose from a diversity of choices in shaping the outcome. In case the conciliation becomes a court procedure, the conciliation process becomes useful in recognizing and simplifying the issues within the case so that it can be allocated effectively in…show more content…
The Arbitrators’ decision is legally obligatory, and the behavior for Arbitration is set out in the Arbitration Act. This process is often used for the more serious disputes that includes big companies, employment rights and consumer quarrels. This is a better method for businesses as it permits matters to be kept private and in which the reputations of the clients involved are preserved is gaining popularity within the business sector as it is cheaper and less time consuming in comparison to the formal litigation process. Moreover, parties can have greater control over the individuals who will decide their
Open Document