The Tribunal consists of a President and two other persons. The Tribunal sits in public. If there is a good cause to conduct the proceedings in private, it may order the parties or any other person not to disclose or publish details of the proceedings. The Tribunal has the jurisdiction to do the following:
(a) Hear and determine complaints referred to it by the Commission
(b) Issue interim orders if the matter is urgent
(c) Make an order for the respondent to pay compensation to the complainant, in an amount not exceeding Rs. 500,000.
(d) make a recommendation that the respondent takes action to reduce the adverse affect of the act of discrimination on the complainant
(e) Issue directives to ensure compliance with the Act.
After a complaint is referred to the Tribunal, the parties will have 14 days’ notice of the date fixed for the hearing of the matter. The parties may be assisted by a barrister or attorney. Normally, there would be an oral hearing and written submissions may also be filed. With the consent of the parties, the Tribunal may order that written submissions be filed instead of an oral hearing being held. The evidence given for the purposes of the conciliation proceedings are not admissible before the Tribunal.
Note: The complainant cannot pursue his complaint both before a Court in Mauritius and the Tribunal. If the complainant chooses to have the complaint determined by the Tribunal, he first has to waive his right to initiate civil proceedings before any Court in the country in respect of the facts that form the subject matter of the complaint.
However, an application under Section 17 or 83 of the Constitution is possible. Also, if the parties are not satisfied with the outcome of the Tribunal proceedings, they may appeal to the Supreme Court.
It is an offence for any person to:
(i) fail to attend the Tribunal without reasonable excuse;
(ii) refuse to take an oath before the Tribunal
(iii) refuse to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him in any proceedings before the Tribunal
(iv) refuse to produce any document when required to do so by the Tribunal
(v) knowingly give false or misleading evidence before the Tribunal
(vi) insult the president or the members of the Tribunal
(vii) interrupt the proceedings
(viii) fail to comply with a directive or order of the Tribunal
(ix) commit any other contempt of the Tribunal
If a person commits an offence mentioned above, he is liable to a fine not exceeding Rs. 100,000 and to imprisonment for a term not exceeding 5 years.