Section 12 of Employment and Labour Relations Court Act: Jurisdiction of the Court
(1) The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution and the provisions of this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations including —
(a) disputes relating to or arising out of employment between an employer and an employee;
(b) disputes between an employer and a trade union;
(c) disputes between an employers' organisation and a trade unions organisation;
(d) disputes between trade unions;
(e) disputes between employer organizations;
(f) disputes between an employers' organisation and a trade union;
(g) disputes between a trade union and a member thereof;
(h) disputes between an employer's organisation or a federation and a member thereof;
(i) disputes concerning the registration and election of trade union officials; and
(j) disputes relating to the registration and enforcement of collective agreements.
(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.
(3) In exercise of its jurisdiction under this Act, the Court shall have power to make any of the following orders
(i) interim preservation orders including injunctions in cases of urgency; (ii) a prohibitory order;
(iii) an order for specific performance;
(iv) a declaratory order;
(v) an award of compensation in any circumstances contemplated under this Act or any written law;
(vi) an award of damages in any circumstances contemplated under this Act or any written law;
(vii) an order for reinstatement of any employee within three years of dismissal, subject to such conditions as the Court thinks fit to impose under circumstances contemplated under any written law; or
(viii) any other appropriate relief as the Court may deem fit to grant.
(4) In proceedings under this Act, the Court may, subject to the rules, make such orders as to costs as the Court considers just.
(5) The Court shall have jurisdiction to hear and determine appeals arising from -
(a) decisions of the Registrar of Trade Unions; and
(b) decisions of any other local tribunal or commission as may be prescribed under any written law.
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- Section 13 - Enforcement of court orders
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).
- Section 14 - The seal of the Court
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.
- Section 15 - Alternative dispute resolution
(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,...
- Section 16 - Review of orders of the Court
The Court shall have power to review its judgements, awards, orders or decrees in accordance with the Rules.
- Section 17 - Appeals
(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 19 - Proceedings before the Court
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
(1) In any proceedings to which this Act applies, the Court shall act without undue regard to technicalities.
(2) Deleted by Act No. 18 of 2014, Sch.
(3) Deleted by Act No. 18 of 2014, Sch.
(4) For...
- Section 21 - Quorum of the Court
(1) The Court shall be properly constituted for the purposes of its proceedings by a single judge.
(2) Notwithstanding subsection (1), any matter certified by the Court as raising a substantial...
- Section 22 - Representation before the Court.
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...
- Section 23 - Establishment of the Committee
There is established the Employment and Labour Relations Rules Committee.
- Section 24 - Composition of the Committee
The Committee shall consist of—
(a) the Principal Judge who shall be the chairperson;
(b) the following persons who shall be appointed by the Chief Justice for a term of five years—
(i) one Judge...
- Section 25 - Quorum for the Committee
(1) Seven members of the Committee shall form a quorum at any meeting of the Committee.
(2) The conduct and regulation of the business and affairs of the Committee shall be as provided in the...
- Section 26 - Secretary to the Committee
The Registrar shall be the Secretary to the Committee.
- Section 27 - Rules and Regulations
(1) The Chief Justice, make rules for regulating the practice and procedure of the Court.
(2) Without prejudice to the generality of subsection (1), such rules may provide for— (a) regulating the...
- Section 29 - Access to justice
(1) The Court shall ensure reasonable, equitable and progressive access to the judicial services in all counties.
(2) For purposes of subsection (1), the Chief Justice may designate a Judge in a...
- Section 32 - Transitional provisions
(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...
- Section 33 - Proceedings pending in the Industrial Court
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...
- Section 34 - Existing contracts
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
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.