The Labour Court Opens Avenues to Uphold Rights of Employers and Workers

Nairobi, Friday June 30, 2023

KNA by Ali Sheikh Mohamed

The President of the Supreme Court and the Chief Justice, Martha Koome has said the Employment and Labour Relations Court (ELRC) has thoroughly addressed a wide range of contemporary issues at the workplace, such as sexual harassment, discrimination and unfair dismissals.

Other issues that ELRC has adequately addressed, CJ Koome added include redundancy, collective bargaining agreements, strikes, lockouts, trade union disputes, pensions, gratuity, workers’ compensation, occupational health and safety work in the cross-border digital sphere.

While speaking during ELRC open day at Milimani Law Court on Monday Koome stated that the most noteworthy accomplishment is the Court’s remarkable efficiency and commitment to service delivery which has seen the court achiev a Case Clearance rate of 161%, a feat that underlines the ELRC’s active commitment to reduce the backlog of cases and deliver fast justice.

“It’s an achievement that brings pride to the Judiciary, and also a reminder and a clarion call, to maintain the Court’s momentum, to never waver in its pursuit to efficient justice delivery,” Koome lauded.

And in an effort to increase access to justice, Koome said that the Judiciary has extended the reach of the ELRC across the breadth to ten (10) ELRC court stations of which three of them are regularly served by visiting judges and an additional eleven sub-registries in Kenya.

“Increasing devolution of the Court is a testament to our pledge to bring justice closer to the people, to ensure that every Kenyan, no matter where they live, has access to fair and impartial judgment,” the CJ remarked.

The CJ urged Kenyans with employment and labour disputes to embrace a multi-door approach to disputes resolution by seeking recourse in disputes resolution channels like mediation, reconciliation, and arbitration that the ELRC has embraced as alternative dispute resolution mechanisms.

These mechanisms, she added resolve cases amicably and expeditiously without resorting to litigation.

The Ministry of Labour and Social Protection Cabinet Secretary (CS) Florence Bore on her part applauded the Court for embracing a transformative justice approach in resolving employment and labour disputes lauding Judiciary for directing parties to utilize Alternative Dispute Resolution (ADR) mechanisms as opposed to the lengthy and tedious court process.

She also said that the Court has provided direction on many matters and given clear guidance on areas either not covered at all by the law or inadequately addressed.

“Development in law relating to employment and labour relations in the country is impressive and encouraging. Allow me for instance, to mention some of the key standpoints: Right to due process in termination of labour contracts, Constructive Dismissal, Procedure of Notices and Notifications in effecting Redundancies, Role of the Salaries and Remuneration Commission in CBA negotiations,” Bore said. 

Bore urged the CJ to assist in a variety of issues of great concern to workers including a review of the labour laws under the Employment Act, 2007, the Labour Relations Act, 2007, the Labour Institutions Act, 2007, Occupational Safety and Health Act, 2007 and the Work Injury Benefits Act, 2007.

Courtesy ; K. N. A