Employment and Labour Relations Court Act

This Act may be cited as the Employment and Labour Relations Court Act.

Provides definitions for terms used in the Act (for example: "Cabinet Secretary", "Chief Justice", "Chief Registrar", "collective agreement", "Committee", "Court", "employee", "employer", "federation", "Judge", "Principal Judge", "Registrar", "Rules", "trade union"), and states that until after the first elections under the Constitution, references to "Cabinet Secretary" shall be construed as "Minister".

The Act's principal objective is to enable the Court to facilitate just, expeditious, efficient and proportionate resolution of disputes; the Court must seek to give effect to that objective when exercising its powers; parties and their representatives must assist the Court, participate in proceedings and comply with its directions and orders.

The Registrar of the Court becomes eligible for appointment as a Judge of the High Court.

Section 11 lists functions of the Registrar of the Court, including maintaining the Register; handling documents under the Rules; enforcing Court decisions; certifying orders; keeping records and minutes; and performing other duties assigned by the Court. It also states that the Registrar and specified court officers shall exercise powers and perform duties conferred by law.

Establishes the Employment and Labour Relations Court.

Section 5 sets out the composition of the Court, the role and term limits of the Principal Judge, supervisory powers, accountability to the Chief Justice, and a provision allowing Judges to elect an acting Principal Judge if absent or vacant.

A person must be qualified to be appointed as a judge of the court by meeting the qualifications specified in Article 166 of the Constitution.

Section 7 lists events by which judges' tenure ends (retirement, resignation, removal) and allows the Principal Judge, subject to the Constitution, to choose to retire or continue at the end of their term.

Judges' pay and benefits are to be charged to the Consolidated Fund; the Court's administrative and other expenses for carrying out its functions are to be paid from the Judiciary Fund established under Article 173 of the Constitution.

Names the officers of the Court (Registrar; Deputy Registrars; other necessary officers) and requires officers to perform administrative functions under the supervision and direction of the Registrar.

Section 12 lists categories of disputes within the Court's jurisdiction, who may lodge applications or complaints with the Court, and types of orders the Court may grant including injunctions, prohibitory orders, specific performance, declaratory orders, awards of compensation or damages, reinstatement within three years of dismissal (subject to conditions), and any other appropriate relief; it also permits the Court to make orders as to costs.

A judgement, award, order or decree of the Court is enforceable according to rules made under the Civil Procedure Act (Cap. 21).

The Court decides what the Court's seal looks like, and the Chief Registrar keeps it in custody.

The Court may adopt or implement other appropriate dispute resolution methods (on its own motion or at parties' request), may stay proceedings to refer disputes to conciliation, mediation or arbitration, may be bound by national wage guidelines when exercising its powers under the Act, and may refer to Salaries and Remuneration Commission guidelines where relevant.

The Court has the power to review its own judgements, awards, orders or decrees in accordance with the Rules.

Appeals from the Court go to the Court of Appeal against any judgment, award, order or decree issued by the Court in accordance with Article 164(3) of the Constitution.

Section 18 deleted by Act No. 18 of 2014 (Schedule).

The proceedings of the Court must be held in public, except as otherwise provided in Article 50(8) of the Constitution.

Section 20 requires the Court to act without undue regard to technicalities in proceedings under the Act, and requires specified corporate and union officials (partners, directors, officers, and officials of trade unions/employers' organisations/federations) to comply with orders made under subsection (4).

The Court must be properly constituted by a single judge for its proceedings; but matters certified as raising a substantial question of law must be heard by an uneven number of judges, at least three, assigned by the Chief Justice.

A party in proceedings before the Court or a subordinate Employment and Labour Relations Court may act in person or be represented by an advocate, a trade-union or employers' organisation official, and if a juristic person, by an authorised director or employee.

The Employment and Labour Relations Rules Committee is established.

The Principal Judge shall be the chairperson of the Committee.

Seven members of the Committee are required to form a quorum for any meeting; the Committee's business and affairs are to be conducted as provided in the Schedule.

The Registrar must be the Secretary to the Committee.

The Chief Justice must make rules regulating the Court's practice and procedure, including sittings, judge selection, forms and fees, compliance times, delegation to the Registrar, and other matters required by law.

This section has been deleted.

The Court must ensure reasonable, equitable and progressive access to judicial services in all counties; the Chief Justice may designate county Judges for this Act and may appoint magistrates by Gazette notice to preside over employment and labour relations cases.

This provision has been deleted.

Section 31 is spent.

Transitional: existing regulations under the Labour Institutions Act continue in force as if made under this Act; judges of the Industrial Court at commencement are deemed appointed under this Act for the remainder of their term; employees of the Industrial Court at commencement (not under notice of dismissal or resignation) are deemed employees of the Court on that day, subject to this Act.

Proceedings pending before the Industrial Court must continue to be heard and determined by that court until the new Court comes into operation or unless directed otherwise by the Chief Justice or the Chief Registrar of the Judiciary.

The Court must be bound by all contracts that were in force when this Act began, including contracts of service to which the Industrial Court was a party.

Other written laws about employment and labour relations must operate only as modified to give effect to this Act.