The Cabinet Secretary for Labour and Social Protection Florence Bore has applauded the courts led by Chief Justice Martha Koome for embracing transformative justice approach in resolving employment and Labour disputes
Speaking on Thursday 29th June, during the opening day of the Employment and Labour Relations Court, CS, noted that courts, have in recent past, directed parties to utilize Alternative Disputes Resolutions Mechanisms [ADRM] before escalating the matters.
“This directive fully complements the role of the Ministry of Labour and Social Protection Florence in using Alternative Disputes Resolutions Mechanisms in the promotion of industrial peace and harmony. This court has provided directions on many matters and given clear guidance on grey areas either not covered at all by law or inadequately addressed,” Bore pointed out.
She further explained that right to clear process in termination of Labour contracts and constructive dismissal as well as providence of notices and notifications in effecting redundancies has been impressive and encouraging
“Role of Salaries and Remuneration Commission in Collective Bargaining Agreements negotiations, powers of the National Labour Board in recognition agreements and registration of Trade Unions, outsourcing of business functions, defamation.
Compensation of overtime and rest days, sexual barrassments, memorandums of understandings during the COVID-19 pandemic and strikes and industrial actions are some of the measures the courts have gone a long way in further helping to maintain industrial peace and harmony,” She Stated.
In acknowledging to what the courts have done, Bore said Labour Ministry has been recognising the Employment and Labour Relations Courts as a key partner in championing the goals of decent work
She further exuded confidence to all judicial officers in their commitment and determination to make sound judgment and E & LRC a tower of justice and a beacon of hope for workers, employers and members of the public
“On behalf of the Ministry of Labour and Social Protection, we truly welcome and appreciate the magnanimous gesture of goodwill from the court since its inception, this court has been very vital cog in promoting social dialogue, democracy, good governance, social justice, industrial peace and harmony,” CS remarked.
The CS noted that government, employers and other stakeholders appreciate its stellar performance in promoting security in employment, industrial peace, harmony, economic progress, social justice and equity
However, the Cabinet Secretary made some nerving issues to Chief Justice Martha Koome, which are of great concern that the Ministry feels will require her assistance in order to be effectively addressed
Review of the Labour Laws- 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
The Status of the prosecution powers of the inspectorate staff in the ministry of Labour and Social Protection.
Bore, disclosed that the Director of Public Prosecutions revoked the appointment of Labour officers as public prosecutors (vide Gazette Notice No 12161 of 2019) owing to the dualistic nature of the labour offences. The municipality of trade unions within sectors contrary to the industrial relations charter
“Lastly, Hon. Chief Justice, I wish to urge the Employment and Labour Relations Court to strengthen collaboration with key stakeholders such as Ministry. Through such arrangements, we will demystify justice, enhance openness in the delivery of public services and indeed enhance trust in institutions of government,” She appealed
The session which is aimed at creating opportunities for the court to showcase it’s work and allow the public and it’s partners to interact was attended by;
Chief Justice Martha Koome, representatives from Central Organisation of Trade Union Secretary General Bro Francis Atwoli and Federation of Kenya Employees Executive Director Mrs Jacqueline Mugo were present, Attorney General Justin Muturi was represented by Chairman, Advocates Complaints Commission Moses Cheboi, Permanent Secretary State Department of Labour and Skills Development Geoffrey Kaituko, representatives from Law Society of Kenya among others