Employment and Labour Relations Court Act

Section 1. Short title Section This Act may be cited as the Employment and Labour Relations Court Act. [Act No. 18 of 2014 , Sch.]

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires — "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to employment and labour relations; "Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution; "Chief Registrar" means the person holding the office of Chief Registrar established under Article 161 of the Constitution; "collective agreement" means a registered agreement concerning any terms and conditions of employment made in writing between a trade union and an employer, group of employers or employers' organisation; "Committee" means the Employment and Labour Relations Rules Committee established under section 23 ; "Court" means the Employment and Labour Relations Court established under section 4 ; "employee" means a person employed for wages or a salary and includes an apprentice and indentured learner; "employer" means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company; "f...

Section 3. Principal Objective Section 3(1) The principal objective of this Act is to enable the Court to facilitate the just, expeditious, efficient and proportionate resolution of disputes governed by this Act. Section 3(2) The Court shall in the exercise of its powers under this Act or the interpretation of the rights of individuals and parties, seek to give effect to the principle objective in subsection (1). Section 3(3) The parties and their representatives, as the case may be, shall assist the Court to further the principal objective and, to that effect, to participate in the proceedings of the Court and to comply with directions and orders of the Court. [Act No. 18 of 2014 , Sch.]

Section 4. Establishment of the Employment and Labour Relations Court Section There is established the Employment and Labour Relations Court pursuant to Article 162(2) of the Constitution. [Act No. 18 of 2014 , Sch.]

Section 5. Composition of the Court Section 5(1)(a) the Principal Judge; and Section 5(1)(b) such number of Judges as may be determined and recruited by the Judicial Service Commission and appointed in accordance with Article 166(1) of the Constitution. Section 5(2) The Principal Judge shall be elected in accordance with the procedure prescribed in Article 165(2) of the Constitution. Section 5(3) The Principal Judge shall hold office for a term of not more than five years and shall be eligible for re-election for one further term of five years. Section 5(4) The Principal Judge shall have supervisory powers over the Court and shall be answerable to the Chief Justice. Section 5(5) In the absence of the Principal Judge or in the event of a vacancy in the office of the Principal Judge, the Judges of the Court may elect any other Judge to have and exercise and perform the powers and functions of the Principal Judge, and who shall be deemed to be the Principal Judge. [Act No. 18 of 2014 , Sch.]

Section 6. Qualifications for appointment of judges of the Court Section A person shall be qualified for appointment as a judge of the court if the person meets the qualifications specified in Article 166 of the Constitution. [Act No. 18 of 2014 , Sch.]

Section 7. Tenure of office of judges of the Court Section 7(1)(a) retires from office in accordance with Article 167(1) of the Constitution; Section 7(1)(b) resigns from office in accordance with Article 167(5) of the Constitution; or Section 7(1)(c) is removed from office by a tribunal appointed by the President in accordance with Article 168(5) of the Constitution. Section 7(2) Subject to provisions of the Constitution, the Principal Judge may elect either to retire from office or to continue serving as Judge of the Court upon expiry of the Principal Judge's term.

Section 8. Remuneration etc Section 8(1) The remuneration and benefits payable to or in respect of Judges shall be a charge on the Consolidated Fund. Section 8(2) The administrative expenses of the Court and other expenses of the Court in the discharge of its functions shall be paid from the Judiciary Fund established under Article 173 of the Constitution.

Section 9. Officers of the Court Section 9(1)(a) the Registrar; Section 9(1)(b) one or more Deputy Registrars as the administration of justice requires; Section 9(1)(c) such other officers of the Court as may be necessary for the proper functioning of the Court. Section 9(2) The officers of the Court shall perform the administrative functions of the Court under the supervision and direction of the Registrar. Section 9(3) Deleted by Act No. 18 of 2014 , Sch. Section 9(4) Deleted by Act No. 18 of 2014 , Sch. Section 9(5) Deleted by Act No. 18 of 2014 , Sch. [Act No. 18 of 2014 , Sch.]

Section 10. Qualifications for appointment of Registrar of the Court Section become eligible for appointment as a Judge of the High Court;

Section 11. Functions of the Registrar of the Court Section 11(1)(a) the establishment and maintenance of the Register; Section 11(1)(b) the acceptance, transmission, service and custody of documents in accordance with the Rules; Section 11(1)(c) the enforcement of decisions of the Court; Section 11(1)(d) certifying that any order, direction or decision is an order, direction or decision of the Court, the Chief Justice or a Judge, as the case may be; Section 11(1)(e) causing to be kept records of the proceedings and minutes of the meetings of the Court and such other records as the Court may direct; and Section 11(1)(f) undertaking any other duties assigned by the Court for the benefit of the Court. Section 11(2) The Registrar, the Senior Deputy Registrars, the Deputy Registrars, the Assistant Registrars and other officers of the Court shall exercise such powers and perform such duties as may be conferred upon them by this Act, the rule of the Court or any other written law. [Act No. 18 of 2014 , Sch.]

Section 12. Jurisdiction of the Court Section 12(1)(a) disputes relating to or arising out of employment between an employer and an employee; Section 12(1)(b) disputes between an employer and a trade union; Section 12(1)(c) disputes between an employers' organisation and a trade unions organisation; Section 12(1)(d) disputes between trade unions; Section 12(1)(e) disputes between employer organizations; Section 12(1)(f) disputes between an employers' organisation and a trade union; Section 12(1)(g) disputes between a trade union and a member thereof; Section 12(1)(h) disputes between an employer's organisation or a federation and a member thereof; Section 12(1)(i) disputes concerning the registration and election of trade union officials; and Section 12(1)(j) disputes relating to the registration and enforcement of collective agreements. Section 12(2) An application, claim or complaint may be lodged with the Court by or against an employee, an employer, a trade union, an employer's organisation, a federation, the Registrar of Trade Unions, the Cabinet Secretary or any office established under any written law for such purpose. Section 12(3)(i) interim preservation orders including i...

Section 13. Enforcement of court orders Section A judgement, award, order or decree of the Court shall be enforceable in accordance with the rules made under the Civil Procedure Act (Cap. 21). [Act No. 18 of 2014 , Sch.]

Section 14. The seal of the Court Section The seal of the Court shall be such device as may be determined by the Court and shall be kept in the custody of the Chief Registrar. [Act No. 18 of 2014 , Sch.]

Section 15. Alternative dispute resolution Section 15(1) Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion or at the request of the parties, any other appropriate means of dispute resolution, including internal methods, conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159(2)(c) of the Constitution. Section 15(2) Deleted by ActNo. 18 of 2014, Sch. Section 15(3) Deleted by ActNo. 18 of 2014, Sch. Section 15(4) If at any stage of the proceedings it becomes apparent that the dispute ought to have been referred for conciliation or mediation, the Court may stay the proceedings and refer the dispute for conciliation, mediation or arbitration. Section 15(5) In the exercise of its powers under this Act, the Court may be bound by the national wage guidelines on minimum wages and standards of employment, and other terms and conditions of employment that may be issued, from time to time, by the Cabinet Secretary for the time being responsible for finance. Section 15(6) Nothing in this section shall preclude the Court from making reference to the guidelines as may be published from time...

Section 16. Review of orders of the Court Section The Court shall have power to review its judgements, awards, orders or decrees in accordance with the Rules.

Section 17. Appeals Section 17(1) Appeals from the Court shall lie to the Court of Appeal against any judgement, award, order or decree issued by the Court in accordance with Article 164(3) of the Constitution. Section 17(2) Deleted by ActNo. 18 of 2014, Sch. [Act No. 18 of 2014 , Sch.]

Section 18.[Deleted by ActNo. 18 of 2014, Sch.]

Section 19. Proceedings before the Court Section Except as otherwise provided in Article 50(8) of the Constitution, the proceedings of the Court shall be in public.

Section 20. General powers of the Court Section 20(1) In any proceedings to which this Act applies, the Court shall act without undue regard to technicalities. Section 20(2) Deleted by ActNo. 18 of 2014, Sch. Section 20(3) Deleted by ActNo. 18 of 2014, Sch. Section 20(4)(a) furnish in writing or otherwise, such particulars in relation to such matters as it may require; Section 20(4)(b) attend before it; Section 20(4)(c) give evidence on oath or otherwise; and Section 20(4)(d) produce any relevant documents. Section 20(5) An order made under subsection (4) may include a requirement as to the date on which or the time within which the order is to be complied with. Section 20(6) An order purporting to be signed by or under the authority of the Judge conducting the proceedings of the Court shall be presumed, until the contrary is proved, to have been given by the Court. Section 20(7)(a) without reasonable cause fails to comply with an order duly given under subsection (4); or Section 20(7)(b) is required by an order made under subsection (4) to furnish information, and who makes any statement or furnishes any information which the person knows, or has reasonable cause to believe, to be...

Section 21. Quorum of the Court Section 21(1) The Court shall be properly constituted for the purposes of its proceedings by a single judge. Section 21(2) Notwithstanding subsection (1), any matter certified by the Court as raising a substantial question of law under Article 165(3)(b) or (d) of the Constitution shall be heard by an uneven number of judges, being not less than three, assigned by the Chief Justice.

Section 22. Representation before the Court. Section In any proceedings before the Court or a subordinate Employment and Labour Relations Court, a party to the proceedings may act in person or be represented by an advocate, an office bearer or official of the party's trade union or employers' organisation and, if the party is a juristic person, by a director or an employee, specially authorised for that purpose. [Act No. 18 of 2014 , Sch.]

Section 23. Establishment of the Committee Section There is established the Employment and Labour Relations Rules Committee.

Section 24. Composition of the Committee Section the Principal Judge who shall be the chairperson;

Section 25. Quorum for the Committee Section 25(1) Seven members of the Committee shall form a quorum at any meeting of the Committee. Section 25(2) The conduct and regulation of the business and affairs of the Committee shall be as provided in the Schedule.

Section 26. Secretary to the Committee Section The Registrar shall be the Secretary to the Committee.

Section 27. Rules and Regulations Section 27(1) The Chief Justice, make rules for regulating the practice and procedure of the Court. Section 27(2)(a) regulating the sittings of the Court and the selection of Judges for any purpose; Section 27(2)(b) prescribing forms and fees in respect of proceedings in the Court and regulating the costs of and incidental to any such proceedings; Section 27(2)(c) prescribing the time within which any requirement of the rules is to be complied with; Section 27(2)(ca) delegating judicial, quasi-judicial and non-judicial duties to the Registrar; and Section 27(2)(d) any other matter required under this Act or any other written law.

Section 28.[Deleted by ActNo. 18 of 2014, Sch.]

Section 29. Access to justice Section 29(1) The Court shall ensure reasonable, equitable and progressive access to the judicial services in all counties. Section 29(2) For purposes of subsection (1), the Chief Justice may designate a Judge in a county as a Judge for the purposes of this Act. Section 29(3) The Chief Justice may, by notice in the Gazette , appoint certain magistrates to preside over cases involving employment and labour relations in respect of any area of the country. Section 29(4)(a) disputes relating to offences defined in any Act of Parliament dealing with employment and labour relations; Section 29(4)(b) any other dispute as may be designated in a Gazette notice by the Chief Justice on the advice of the Principal Judge. Section 29(5) Deleted by ActNo. 18 of 2014, Sch. [Act No. 18 of 2014 , Sch.]

Section 30.[Deleted by ActNo. 18 of 2014, Sch.]

Section 31.Spent

Section 32. Transitional provisions Section 32(1) Any regulation or other instrument made or issued under the Labour Institutions Act (Cap. 234) shall continue to have effect as if such regulation or other instrument were made or issued under this Act. Section 32(2) A person who at the commencement of this Act is a Judge of the Industrial Court shall be deemed to have been appointed under this Act for the remainder of that person's term. Section 32(3) Deleted by ActNo. 18 of 2014, Sch. Section 32(4) Every person who at the commencement of this Act is an employee of the Industrial Court not being under notice of dismissal or resignation shall, on that day and subject to this Act, be deemed to be an employee of the Court. [Act No. 18 of 2014 , Sch.]

Section 33. Proceedings pending in the Industrial Court Section All proceedings pending before the Industrial Court shall continue to be heard and shall be determined by that court until the Court established under this Act comes into operation or as may be directed by the Chief Justice or the Chief Registrar of the Judiciary.

Section 34. Existing contracts Section The Court shall be bound in all contracts, including contracts of service, if any, subsisting at the commencement of this Act and to which the Industrial Court was party.

Section 35. Regulations relating to employment and labour relations Section Any other written law relating to the regulation of employment and labour relations shall have effect subject to such modification as may be necessary to give effect to this Act. [Act No. 18 of 2014 , Sch.]