Labour Law Research Paper

UNIVERSITY OF NAIROBI

COLLINS E. M. PERU

D33/34238/2010

LABOUR LAW ASSIGNMENT

SCHOOL OF BUSINESS

BACHELOR OF COMMERCE

Critically discuss the role of labour law in dispute resolution and critically examine the extent to which the relevant labour statutes achieve this role.

There exists inequality between the employer and employee considering the employee literally depends on the employer for his/her wellbeing and there is an aspect of dependability for survival. This means that the employee is subordinate to the authority of the employer by virtue of the contract of service freely entered into. The labour law therefore has been able to bring sanity in this relationship between the employer and employee that more often than note is bound to be abused to the dependability nature. This sanity/balance has been achieved through the various labour laws that exist in Kenya today.

The labour laws play a critical role in dispute resolution in Kenya and the world over. In 2007 Kenya parliament enacted five labour laws to improve the labour environment. To this end, these labour laws have improved the tripartite relationship between the employers, employees and the government.

Currently the enacted labour laws are; the Employment Act, Labour Institutions Act, Labour Relations Act, Occupational Safety and Safety and Health Act and the Works Injury Benefits Act all of 2007. The aim of the laws was to repeal and replace the six core labour laws and bring them into tandem with the emerging challenges and demands of both the local and international labour standards.

Over the year these labour laws have provided a favourable platform or rather guide in dispute resolution in the labour sector. To start with the Employment Act plays a major role in conflict resolution as it establishes minimum terms and conditions of employment therefore providing a guide in the event of dispute on matters touching on contract, forced and compulsory labour and matters touching on HIV and AIDS. Employment Act also goes on to provide prohibition against forced labour, discrimination on the basis of race, language, religion, sex, nationality, sexual harassment and different opinion.

Moreover, the Employment Act tries to caution the employees against unfair labour practices. It provides modalities of recovery of wages, allowances and deductions from an employee’s wages and ensuring that employees are treated fairly in terms of Contract of service, hours of work, annual, maternity and paternity leave. This gives both the employer and the employees and their representatives a platform that discourages disputes and a way to resolve such disputes in the event they were to occur.

To avoid disputes, the Employment Act requires that employers should justify termination of employment to avoid unfair dismissals and goes on to outline requirements for foreign contract and set out complaint procedures and jurisdiction in cases of disputes between the employee and the employer.

Through the Labour Institutions Act, the law establishes institutions and organisations for the administration and management of labour relations through the Labour Board. It is through the Labour Institutions Act that the Industrial Court, Committee of Inquiry, Wages Council and Employment Agencies are established. These institutions play a critical role in ensuring that labour disputes are professionally handled and that labour related disputes are reduced.

However, worth noting is that this law does not incorporate the Armed Forces, Kenya Police, Prisons and the Administration Police who are covered by the Armed Forces Act.

Through the National Labour Board, which is established under the Labour Institutions Act,the board advised the minister of labour on legislation, trade union matters and acceptable labour relations code of conduct. The board also advises on regional and international associations, systems of labour inspection and administration, public employment service, appointment of the wage council and matters pertaining compensation benefits and manpower development. This ensures that disputes are mitigated and there is a cordial relationship between the employees and their representatives (Trade Unions), employers and their representative and the government.

The industrial Courts are also established under the same Labour Institutions Act. The mandate of the court is to determine industrial disputes referred by the minister of labour. It is also the prerogative of the Industrial Courts to register Collective Bargaining Agreements (CBA) between employers and workers in the tripartite relationship. This ensures that labour disputes are professionally handled all the time as the court has powers to grant declaratory orders, award damages and grant injunctive relief prohibition. Through the courts the aggrieved employees can obtain fair treatment in the event of industrial injustices.

The Labour law comes to play in cases of injuries incur red by employees at the work place. The Works Injury and Benefits Act (WIBA) of 2007, establishes the legal framework compliant with the International Labour Organisation (ILO) conventions on compensation of employees injured, contact diseases and other insurance matters at the work place.

Due to many disputes that may or rather arise due to injury compensation claims from the employees with their employers, the Act obligates the all employers to obtain an insurance policy for their employees, register with the Director of Work Injury Benefits and to report all incidents and accidents within the work place. WIBA also provides procedures of reporting accidents at the work place, compensation for disablement and death.  This has ensured that injury related disputes are reduced as it provides an acceptable framework within which injuries are compensated in all fairness to the employer and the employees.