Section 58 of The Labour Relations Act 2007: Alternative dispute resolution
(1) An employer, group of employers or employers’ organisation and a trade union may conclude a collective agreement providing for―
(a) the conciliation of any category of trade disputes identified in the collective agreement by an independent and impartial conciliator appointed
by agreement between the parties; and (b) the arbitration of any category of trade disputes identified in the collective agreement by an independent and impartial arbitrator appointed by the agreement between the parties.
(2) A party that has referred a dispute to conciliation in terms of an agreement contemplated in subsection (1) is not required to refer it to the Minister for conciliation.
(3) An award in an arbitration in terms of a collective agreement contemplated in subsection (1) is final and binding and –
(a) is subject to appeal on points of law to any court;
(b) may be set aside by the Industrial Court on any ground recognised in law; or
(c) may be enforced by the Industrial Court.
(4) An application to review an arbitration award shall be made to the Industrial Court within thirty days of the award.
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- Section 59 - Effect of collective agreements
(1)A collective agreement binds for the period of the agreement -
(a) the parties to the agreement;
(b) all unionisable employees employed by the employer, group of employers or members of the...
- Section 60 - Registration of collective agreement
(1) Every collective agreement shall be submitted to the Industrial Court for registration within fourteen days of its conclusion.
(2) The employer or employer’s organisation which is party to an...
- Section 61 - Terms and conditions of service in the public sector where there is no collective bargaining
(1) The Minister may, after consultations with the Board, make regulations establishing machinery for determining terms and conditions of employment for any category of employees in the public...
- Section 62 - Reporting of trade disputes to the Minister
(1) A trade dispute may be reported to the Minister in the prescribed form and manner –
(a) by or on behalf of a trade union, employer or employers' organisation that is a party to the dispute;...
- Section 63 - Respondent may file replying statement
(1) Every party to a trade dispute referred to in section 62 shall file a replying statement in the prescribed form and manner with the Minister within fourteen days of receiving a copy of the report...
- Section 64 - Interested party may file statement of interest
Any party which has an interest in any dispute may file a statement with the Minister within fourteen days of receiving a copy of the referral.
- Section 65 - Minister to appoint conciliators
(1) Within twenty-one days of a trade dispute being reported to the Minister as specified under section 62, the Minister shall appoint a conciliator to attempt to resolve the trade dispute...
- Section 66 - Persons appointed to conciliate
(1) A person appointed to conciliate a dispute under this Part shall be ―
(a) a public officer;
(b) any other person drawn from a panel of conciliators appointed by the Minister after consulting the...
- Section 67 - Conciliator’s powers to resolve dispute
(1) The conciliator or conciliation committee appointed under section 66 shall attempt to resolve the trade dispute referred to in section 65 (1) within-
(a) thirty days of the appointment; or
(b)...
- Section 68 - Dispute resolved after conciliation
(1) If a trade dispute is settled in conciliation the terms of the agreement shall be―
(a) recorded in writing; and
(b) signed by the parties and the conciliator.
(2) A signed copy of the agreement...
- Section 69 - Dispute unresolved after conciliation
A trade dispute is deemed to be unresolved after conciliation if the―
(a) conciliator issues a certificate that the dispute has not been resolved by conciliation; or
(b) thirty day period from the...
- Section 70 - Minister may appoint conciliator in public interest
(1) If the Minister is satisfied that it is in the public interest to prevent a dispute from arising or to resolve a dispute, the Minister may appoint a conciliator or
conciliation committee to...
- Section 71 - Committee of inquiry
The Minister may appoint a committee of inquiry to investigate any trade dispute and report to the Minister.
- Section 72 - Exercise of powers of the Minister
The Minister may delegate his powers under this Part to the Commissioner for Labour or the Chief Industrial Relations Officer.
- Section 73 - Referral of dispute to Industrial Court
(1) If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial Court in accordance with the rules of the Industrial Court.
(2) Notwithstanding the...
- Section 74 - Urgent referrals to Industrial Court
A trade union may refer a dispute to the Industrial Court as a matter of urgency if the dispute concerns―
(a) the recognition of a trade union in accordance with section 62; or
(b) a redundancy...
- Section 75 - Arbitration Act not to apply. No. 4 of 1995
The Arbitration Act shall not apply to any proceedings before the Industrial Court.
- Section 76 - Protected strikes and lock-outs
A person may participate in a strike or lock-out if―
(a) the trade dispute that forms the subject of the strike or lock-out concerns terms and conditions of employment or the recognition of a trade...
- Section 77 - Powers of Industrial Court
(1) A party to a dispute that has received notice of a strike or lock-out may apply to the Industrial Court to prohibit the strike or lockout as a matter of urgency if –
(a) the strike or lock-out is...
- Section 78 - Prohibited strikes or lock-outs
(1) No person shall take part in a strike or lock-out or in any conduct in contemplation of a strike or lock-out if―
(a) any law, court award or a collective agreement or recognition agreement...
- Section 79 - Strike or lock-out in compliance with this Act
(1) In this Part, a “protected strike” means a strike that complies with the provisions of this Part and “protected lock-out” means a lock-out that complies with the provisions of this Part.
(2) A...
- Section 80 - Strike or lock-out not in compliance with this Act
(1) An employee who takes part in, calls, instigates or incites others to take part in a strike that is not in compliance with this Act is deemed to have breached the employee’s contract and―
(a) is...
- Section 81 - Essential services
(1) In this Part “essential services” means a service the interruption of which would probably endanger the life of a person or health of the population or any part of the population.
(2) The...
- Section 82 - General penalty
(1) The Industrial Court has jurisdiction in respect of any prosecution for an offence under this Act.
(2) A trade union, employers’ organisation or federation which is convicted for an offence under...
- Section 83 - Regulations
The Minister may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.
- Section 84 - Repeal of Cap. 233 and Cap. 234
(1) The Trade Union's Act and the Trade Disputes Act are repealed.
(2) Transitional provisions dealing with the transition from the Trade Unions Act and the Trade Disputes Act to this Act are...