Your action was successful!
(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 provisions of subsection (1), if a trade dispute―(a) is one in respect of which a party may call a protected strike or lock-out, the dispute may only be referred to the Industrial Court by an aggrieved party that has made a demand in respect of an employment matter or the recognition of a trade union which has not been acceded to by the other party to the dispute; or(b) is in an essential service, the Minister may, in addition, refer the dispute to the Industrial Court.(3) A trade dispute may only be referred to the Industrial Court by the authorised representative of an employer, group of employers, employers' organisation or trade union.
Share this with your network:
Our powerful Legal Practice Management System is designed specifically for law firms in Kenya. Track cases, manage clients, generate invoices, handle tasks, and more — all in one secure, cloud-based platform.
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...
The Arbitration Act shall not apply to any proceedings before the Industrial Court.
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...
(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...
(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...
(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...
(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...
(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...
(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...
The Minister may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.
(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...