Reporting, Conciliation and Investigation of Dispute

Subject to subsection any trade dispute, whether existing or apprehended, may be reported to the Minister by or on behalf of any party to the dispute. Every report of a trade dispute shall be made in writing and shall sufficiently specify:

a) The employers and employees or the categories of the parties to the dispute.

b) The party or parties by whom or on whose behalf the report is made.

c) The nature of the authorization given by the party or parties desiring the dispute to be reported on their behalf

d) Each and every matter over which the dispute has arisen or is apprehended (arrested)

Every person reporting a trade dispute shall, without delay, furnish a copy of the report thereof to each party to the dispute.

Consideration and action by the Minister: 

a) Inform the parties that any of the matters over which the trade dispute has arisen or is apprehended is not suitable to be dealt with under this section.

b) Refuse to accept the report of the trade dispute where the Minister is of the opinion that any matter in dispute is barred from negotiation under the terms of a recognition or collective agreement in force between any of the parties to the dispute.

c) Inform the parties that he accepts or rejects the report of the trade dispute

d) Refer the matter back to the parties and if he thinks fit, make proposals to the parties or any of them upon which a settlement of the trade dispute may be negotiated.

e) Recommend to the parties that the trade dispute be referred to the industrial court.

 

Methods of Conciliation The Minister may, in relation to a trade dispute so reported take any one of the following steps:

a) Appoint any person (who may be a public officer or any other person considered by the Minister to suitable) to act as a conciliator.

b) Appoint a conciliation panel consisting of an independent chairman and of one or more persons selected by the Minister as being representatives of employers and an equal number of persons selected by him as being representative of employees.

c) Refer any matter, with the consent of the parties, to a conciliation of panel composed in accordance with the wishes of the parties.

d) Withdraw or temporarily suspend the operation of any of the already said conciliation measures.

 Investigation of matters related to trade disputes:

Where the Minister is satisfied that any trade dispute exists, whether or not the dispute has been reported to him, he may appoint an investigator or a committee of investigation.

The investigation shall be a person who appears to be an independent and qualified person.

Registration of collective agreements

The industrial court shall maintain a register of collective agreements that have been accepted by the court for registration.

A collective agreement shall not take effect until it has been accepted for registration by the industrial court.

 

Powers of Industrial Court:

The Industrial court shall not accept a collective agreement for registration unless the court is satisfied that the agreement complies with all relevant guidelines.

Reference of dispute for settlement

For the purpose of the settlement of trade disputes and of matters relating thereto the president may by order establish an Industrial court consisting of: a) 2 Judges as may be determined by the President b) 8 other members, who shall be appointed for terms not less than 3 years by the Minister after consultation with the Central Organization Trade Unions and the Federation of Kenya Employers



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