Sexual Harassment at Work in Mauritius: Your Options

Sexual harassment at work is unwanted conduct of a sexual nature that violates a person’s dignity or makes the workplace hostile, humiliating or intimidating. In Mauritius it can be reported internally and may engage both the Workers’ Rights Act 2019 and the Equal Opportunities Act 2008; the right route depends on what happened, who was involved and what outcome is needed. You do not have to wait for conduct to become physical before taking it seriously.

Defining sexual harassment in the workplace

The conduct may be spoken, written, visual, digital or physical. Repeated sexual remarks, unwanted messages, pressure for dates or sexual contact, sexual images, touching and threats connected with rejecting advances can all be relevant. Context matters: a single serious incident can be enough, while apparently casual behaviour can be harassment when it is unwelcome and its effect is degrading or intimidating.

The Equal Opportunities Act prohibits sexual harassment by employers, co-workers and, in specified settings, people providing goods or services. The Workers’ Rights Act also addresses violence at work, including sexual harassment. Keep the focus on observable conduct, dates, words used and its impact; it is more useful than trying to label the other person’s motives.

The employer’s legal duty to prevent and respond

An employer should have a workable reporting route, handle a report fairly and take steps that protect the worker. The Workers’ Rights Act requires an employer to enquire into an alleged case of violence at work and take appropriate action to protect the worker’s rights within 15 days after a report or awareness of it. The Act also provides for employer responsibility in circumstances where workplace violence, including sexual harassment, is committed by a worker or third party and the employer knew or should have known but did not act.

A prompt response does not mean a predetermined outcome. A fair enquiry ordinarily identifies the allegation, preserves material, speaks separately to the people concerned and records reasons for any action. If the alleged harasser manages the complainant, ask for the matter to be handled by another senior person or a suitable independent decision-maker.

Making an internal complaint

Make the complaint in writing if it is safe to do so. Say that it is a sexual-harassment complaint, set out a short chronology, identify any witnesses and state what immediate protection you need, such as different reporting arrangements or no contact. Keep a copy outside the work system. An internal complaint is not an accusation to be broadcast: avoid social-media posts or group messages while an enquiry is underway.

If there is no policy, send the complaint to a director, proprietor, HR contact or other person able to act. Ask for written acknowledgement and a point of contact. For wider employment context, see our guide to workplace protection after an incident and the chambers’ employment practice.

Evidence to preserve

Preserve originals where possible: messages, emails, call logs, screenshots showing dates and account names, diary notes, shift records and photographs of relevant workplace notices. Write a contemporaneous note of what happened, who was present and how you responded. Do not alter screenshots or secretly access another person’s account; the point is to preserve reliable material, not create a parallel investigation.

• Record any report made, who received it and the response.
• Keep medical or counselling records only if you choose to rely on their relevance.
• Identify witnesses, but do not coach them or circulate their names unnecessarily.

Complaints to the Equal Opportunities Commission

The Equal Opportunities Commission is an independent statutory body under the Equal Opportunities Act. A complaint to the Commission can be an important route where the facts point to discrimination or sexual harassment; it is not simply an extension of an employer’s grievance process. Bring the employer’s response, your chronology and the underlying material so the issue can be understood accurately.

There may also be employment remedies or another forum depending on the facts. A person should obtain advice on route and timing before assuming that one complaint prevents another. Our explainer on the Mauritian legal system gives useful background on the different institutions involved.

Criminal and civil routes in parallel

Some conduct may also amount to a criminal offence. Reporting to the police is a separate decision from making an employment complaint, and it may be appropriate even where an employer has started an enquiry. A civil claim may also be considered in an appropriate case, but its basis, evidence and remedy are fact-specific. Do not promise confidentiality to a witness or alleged harasser that you cannot maintain.

Protection against retaliation

A complaint should not become a reason to cut hours, isolate a worker, withhold opportunities or manufacture a disciplinary case. Keep records of any change after the complaint and ask the employer to give reasons in writing. Retaliation can complicate both the original complaint and any later question about termination; see unfair dismissal compensation in Mauritius for the employment-loss issues that can arise.

It can help to ask the employer for a short written plan: who will investigate, what immediate boundaries will apply, how witnesses will be approached and when you will receive an update. The employer may need to balance confidentiality with fairness to the person accused, so it may not be able to promise complete secrecy. That is different from sharing the complaint unnecessarily. Keep communications professional and factual. If you are asked to attend a meeting, ask in advance what it concerns, whether you may bring support and whether notes will be kept. Afterward, send a short email correcting any material point that was misunderstood.

Related employment information: migrant worker rights.

For related resources, visit the employment-law insight hub.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.