(i) Unfair Labour Practice: Unfair labour practices refer to acts committed by

employers or trade unions that are contrary to the ILO and the ERA such as:
Threatening an employee with the lost of benefits or her job because he signs on
to a union or participates in a trade union’s activities. Business owners cannot
imply that they will cease the business if the workers form a union to protect their
rights. Employers are not allowed to question workers about union activities.
Employers should not behave in a manner that may be construed as coercive or
threatening. Alleged cases of unfair labour practices should be referred in writing
to the CCMA or to the Ministry of Labour for enquiry.
(ii) A strike is the withholding of labour by workers in order to obtain better working
conditions. Such withholding of labour is generally accompanied by
demonstrations, such as picketing, parades, meetings. The LRA defines a strike as
the the partial or complete concerted refusal to work, or the retardation or
obstruction of work, by persons who are or have been employed by the same
employer or by different employers, for the purpose of remedying or resolving a
dispute in respect of any matter of mutual interest between the employer and the
employee (D u Toit et al., 2007). A lockout is the opposite of being the temporary
shutdown of a business by an employer to compel employees to accept certain
conditions (Swimmer and Thompson, 1995). According to the ERA, government
Gazette (2008:566), in Mauritius every worker has the right to strike and every
employer may have recourse to a lock-out, where a labour dispute has been
reported under and no agreement has been reached, a notice of the strike or lock-
out has to be given to the Minister of Labour.

According to the People in Business magazine (1995), successful employer/employee

relations involve striking a balance of interests. From the employer’s point of view,
industrial relations is about having the right to manage - the ability to plan for the future
so that a company can continue to be a success, to make profits for its shareholders and to
keep its employees motivated. From the employee’s point of view, it is all about securing
the best possible conditions and living standards for employees. Where employees are not
happy with working conditions this frequently leads to high labour turnover, bad
timekeeping, and high levels of absenteeism. It may also occur in the form of carelessness
by individuals, poor working, and deliberate time wasting and similar practice