————————————————-
————————————————-
PROJECT TITLE: HUMAN RIGHTS AND RIGHT OF EMPLOYEE
————————————————-
ID: 0811439
————————————————-
NAME: GATIMA DEVI SEWSAGAR
————————————————-
————————————————-
SUBMITTED TO: DR RP GUNPUTH
————————————————-
————————————————-
DATE: 30.10.11
————————————————-
————————————————-
TABLE OF CONTENTS
1. INTRODUCTION…………………………………………………………………………….…3
2. PROTECTION FROM FORCED LABOUR AND SLAVERY……………………………….3
3. RIGHT TO PROPERTY…………………………………………………………………………………………………3
4. FREEDOM OF EXPRESSION………………………………………………………………………………………..3
5. FREEDOM OF ASSOCIATION………………………………………………………………………………………4
6. PROTECTION FROM DISCRIMINATION…………………………………………………………………..4
7. RIGHT TO APPEAL………………………………………………………………………………………………………4
8. CONCLUSION……………………………………………………………………………………………………………….4
9. REFERENCE………………………………………………………………………………………………………………….5
HUMAN RIGHT AND THE RIGHT OF EMPLOYEE AT WORK
1. INTRODUCTION
Human rights are enshrined in our Constitution which is the supreme law of our country. The Constitution of Mauritius guarantees the protection of fundamental human rights in its chapter 2 from section 3 to 16. The legislature has also provided for legislations which guarantees the protection of human rights and which are consistent with the Constitution, for e.g. the Employment Rights Act 2008,Employment Relations act, Equal Opportunity Act and Sex Discrimination Act 2002, Occupational Health and Safety Act 2005. The question which arises is how these laws protect the human rights of an employee at work? The judiciary has considered this question in a number of case laws and thus, creating a rich jurisprudence
2. PROTECTION FROM FORCED LABOUR AND SLAVERY
Section 6 of the constitution offers protection from forced labour and slavery. It states that no person shall be held in slavery and be required to perform forced labour. In case of New Battery co Ltd v. Ramtohul, it was held that an employer does not have the right to treat am employee as a slave by using vulgar, abusive and coarse words.
The Essay on How effectively the constitution protects freedom
... was founded on. There is disagreement over the constitution’s protection of the rights of minority populations (such as ... amount of disagreement over whether or not the US constitution protects freedom for the average American citizen – whilst many Americans ... and always will be disagreement over how effectively the constitution protects freedom. Furthermore, the majority of Americans feel the system ...
3. RIGHT TO PROPERTY
Section 8 of the constitution provides for protection from deprivation of property and section 9 provides for protection for privacy of home and other property. These ensure the right to property. However, here the jurisprudence has used his right in favour of the employer according to the case of Retreaders Co Ltd v. Marie where it was held that the employer has the right to forbid Mr Bizlall, the legal representative of the employee, from entering the premises of the company as he has right to property according to the Constitution. Thus, the employee has the obligation to respect the right to property of the employer
4. FREEDOM OF EXPRESSION
Section 12 of the Constitution ensures protection of freedom of expression. This means that an employee has the right to express himself at work but without causing prejudice to his employer of other workers. In the case of Beau Vallon v. Nilkomol, where the employee was writing injurious remarks about his employer and other workers in his notebook, his contract of employment was rightly terminated. The French jurisprudence also made recognised the freedom of expression of an employee but without tolerating injurious remarks and defamation also on behalf of journalists.
5. FREEDOM OF ASSOCIATION
Section 13 provides for protection of freedom of assembly and association. It means that an employee has the right to form trade unions but these should not disturb the public interest. The case of Private Enterprises Employee’s Union v. Industrial Relations Commission & ors held that the union was most likely to cause friction and to provoke strike and thus, it was unconstitutional.
6. PROTECTION FROM DISCRIMINATION
Section 16 of the Constitution ensures the protection from discrimination. It means that an employee should not be discriminated on the basis of race, caste, place of origin, political opinions, colour, creed or sex. In the case of Guyot v. Government of Mauritius, the plaintiff argued that the fact the foreign wife of a Mauritian citizen was exempted from obtaining a work permit and the same did not apply for the foreign husband of a Mauritian citizen was discriminatory on the basis of sex. It was held it was not discriminatory as subject to section 16(4)(b), the law can make special provisions for foreigners and it is not against the constitution.
The Term Paper on Employee Benefits Required by Law
... servant, and contributory negligence. Workers compensation laws typically provide that injured employees will be paid a disability benefit that is ... who reject the coverage also give up certain legal protections. Benefits paid are generally provided for four types ... their retirement. Working women with children earn Social Security protection for themselves and their families. This could mean monthly ...
Morever the Employment Rights Act 2008 and Employment Relations Act 2008 guarantees the protection from harassment at work which can be verbal, physical or moral on the basis of sex, race, religion, colour, disease, sexual orientation, trade union or other belief. In the case of Singh v. Rowntree Machintosh, it was held the fact that the Sikhs should not put a beard for hygienic reasons was an indirect attack against them and it did not constitute of harassment
The Equal Opportunity Act and Sex Discrimination Act 2002 also offer protection against gender inequality at work
7. RIGHT TO APPEAL
In its section 80 and 81, the Constitution gives the employee the right to appeal of decisions from lower jurisdictions. However, the question which was asked in the case of Mauritius Tuna Fishing Canning Enterprises v. Manne was whether the Reviewing Authority is a lower jurisdiction as it is presided by the Chief Justice. It was held that the Reviewing Authority is a subordinate court and an appeal of a decision from this court is as of right.
8. CONCLUSION
The human rights of employees are well protected by the laws in Mauritius. However, for a better implementation of these laws, the employees and employers should respect each other rights.
9. REFERENCE
* BOOK ON LABOUR LAW BY DR RP GUNPUTH
* WIKIPEDIA
* CASE LAWS: New Battery co Ltd v. Ramtohul 1996 SCJ 405
Retreaders Co Ltd v. Marie 1989 MR 272
Beau Vallon v. Nilkomol 1979 MR 254
Private Enterprises Employee’s Union v. Industrial Relations Commission & ors 1985 MR 219
Guyot v. Government of Mauritius 1991 SCJ 325
Singh v. Rowntree Machintosh 1979 1 RLR 124
Mauritius Tuna Fishing Canning Enterprises v. Manne 1989 MR 115
——————————————–
The Essay on Civil Rights Law Black Act
... except Native Americans who were exempt from taxation" (us constitution). This act along with the others stopped slavery, allowed blacks to ... act helped to define who was a citizen by making a law against black slavery and stating that they are citizens. The constitution ... states the citizens are guaranteed freedom of religion. In 1964 there was another Civil Rights Act. The act of ...
[ 1 ]. Section 2 of the Constitution: “This Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void.
[ 2 ]. “we are of the view that the words used by the Chairman of the appellant company to the address of the respondent, an accountant employed by the company, were abusive, coarse and vulgar and left the respondent with no alternative but to leave his employment.”
[ 3 ]. Section 9(1) of the Constitution: “Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.”
[ 4 ]. Section 2 of Employment Rights Act 2008
