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SCHEDULES Page 5 The Labour Relations Act, 2007 5 AN ACT of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratisation of trade unions and employers organisations or federations, to promote sound labour relations through the ...
State Department for Labour and Skill Development. Bishops Road, Social Security House. ps@labour.go.ke. info@labour.go.ke. complaints@labour.go.ke.
Jurisdiction of the Court (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.
Process: Employment litigation typically follows a defined procedure: Filing a Claim: The aggrieved employee files a formal complaint with the relevant authority, often the Employment and Labour Relations Court (ELRC) in Kenya. Defense: The employer responds to the claim, outlining their position on the matter.
Filing is done by presenting a statement of claim together with a payment for its filing at the court registry. The statement of claim is sometimes referred to as a Plaint. It describes the parties to the suit, their addresses, chronological events leading to the suit, the cause of action and the Plaintiff's prayers.
All Labour Disputes are settled through Conciliation process as follows: - Individual Complains/ non-union complainants The complaint is reported to the area Labour Officer and registered in a prescribed Form-LD 64 after the complainant has been interviewed.
HR teams can follow a progressive discipline model to issue two or three warnings before considering termination. For example, an individual might receive a verbal warning for unexcused tardiness, a written warning for repeated issues, and another written final warning before discussing termination.
Labour Relations Act, No 66 (1995). Government Gazette, 366 (16861).
3.5 A written warning shall be valid for a period of 6 (six) months and a final written warning shall be valid for a period of 12 (twelve) months, where after such warning or final warning shall lapse.