PART VII - PROTECTION AGAINST SEXUAL HARASSMENT

51.      Sexual harassment unlawful

It shall be unlawful for an employer, the employer's representative or another employee to sexually harass an employee or a person seeking employment in the enterprise or an employee of a job contractor working for the employer.

52.      Sexual harassment defined

A person shall be deemed to have sexually harassed another person under section 51 if-

(1)       the first person makes an unwelcome sexual advance or an unwelcome request for sexual favours to the other person or engages in unwelcome conduct of a sexual nature towards the other person; and

(2)       in all the circumstances, a reasonable person would have anticipated that -

(a)       a rejection of the advance or request would disadvantage the other person in any way in connection with that person's employment or work or possible employment or work; or

(b)    the advance, request or conduct would create a hostile, intimidating or offensive working environment.

53.      Complaint to employer of sexual harassment

On complaint by an aggrieved person, the employer, if he or she finds such complaint to be well founded, shall take immediate and effective action to ensure that the sexual harassment ceases and does not recur and to redress any disadvantage suffered by the aggrieved person as a result of having rejected the sexual advance or request for sexual favours.

54.      Remedies in case of sexual harassment

(1)       A person who considers that he or she has been sexually harassed may apply to the Court.

(2)       The Court, if it finds that a person has been guilty of sexual harassment, may -

(a)       order the person to refrain from further acts of sexual harassment;

(b)       order the person to pay compensation to the aggrieved person for any damage, material or moral, caused by the sexual harassment;

(c)       order the employer to redress any disadvantage suffered by the aggrieved person as a result of rejecting the sexual advance or request for sexual favours;

(d)       where appropriate, in particular where the employer knew of the sexual harassment or did not on complaint carry his or her responsibility to protect the aggrieved person against sexual harassment, order the employer to ensure that the sexual harassment ceases and does not recur and to pay compensation for any damage, material or moral, caused by the sexual harassment; 

(e)       make such order as it deems appropriate.

[ILO Technical Memorandum to the Government of Mauritius (1998), Draft Protection of Employment Act]