Labour Disputes (Arbitration And Settlement) (Industrial Court Procedure) Rules

1. Title

These Rules may be cited as the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules, 2012.

Section analysis Source-linked statutory analysis Source linked

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What this section does

Statutory power

This section confers or regulates the statutory power described as “Title”.

“These Rules may be cited as the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules, 2012.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

These Rules may be cited as the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules, 2012.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

2. Interpretation

In these Rules unless the context otherwise requires "Act" means the Labour Disputes (Arbitration and Settlement) Act 2006, Act No. 8 of 2006;

"Court" means the Industrial Court established under section 7 of the Act;

"Registrar" means the Registrar of the Industrial Court appointed under section 12 of the Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In these Rules unless the context otherwise requires "Act" means the Labour Disputes (Arbitration and Settlement) Act 2006, Act No. 8 of 2006;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

"Court" means the Industrial Court established under section 7 of the Act;
"Registrar" means the Registrar of the Industrial Court appointed under section 12 of the Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 7 · Registrar to fix hearing Section 12 · Evidence Labour Disputes (Arbitration and Settlement) Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Reference of a labour dispute

(1)

Where a labour officer is requested by a party to a dispute to refer the dispute to the court under section 5 of the Act, the labour officer shall refer the dispute in the form specified in the First Schedule.

(2)

Where a labour dispute has been reported to a labour officer and he or she has not referred it to the court or otherwise disposed of it within eight weeks, a party to the dispute may refer the dispute to the court in the form specified in the Second Schedule.

(3)

A reference to the court by a labour officer shall be accompanied by-

(a)

a report of the labour officer describing the dispute and the steps taken by him or her to resolve the dispute; and

(b)

all documents and information furnished to the labour officer by the parties.

(4)

Where a party to the dispute has referred the dispute to the court the Registrar shall require the labour officer in writing to furnish the court with the information referred to under subrule (3).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Reference of a labour dispute”.

“(1) Where a labour officer is requested by a party to a dispute to refer the dispute to the court under section 5 of the Act, the labour officer shall refer the dispute in the form specified in the First Schedule.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) Where a labour officer is requested by a party to a dispute to refer the dispute to the court under section 5 of the Act, the labour officer shall refer the dispute in the form specified in the First Schedule.
(2) Where a labour dispute has been reported to a labour officer and he or she has not referred it to the court or otherwise disposed of it within eight weeks, a party to the dispute may refer the dispute to the court in the form specified in the Second Schedule.
(3) A reference to the court by a labour officer shall be accompanied by-
(a) a report of the labour officer describing the dispute and the steps taken by him or her to resolve the dispute; and
(b) all documents and information furnished to the labour officer by the parties.
(4) Where a party to the dispute has referred the dispute to the court the Registrar shall require the labour officer in writing to furnish the court with the information referred to under subrule (3).

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 5 · Memorandum of each party

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

4. Receipt of a reference

Upon receipt of a reference under rule 3 the Registrar shall file and register the reference in a form specified in the Third Schedule and allocate a registration number to the reference

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Receipt of a reference”.

“Upon receipt of a reference under rule 3 the Registrar shall file and register the reference in a form specified in the Third Schedule and allocate a registration number to the reference”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Upon receipt of a reference under rule 3 the Registrar shall file and register the reference in a form specified in the Third Schedule and allocate a registration number to the reference

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

5. Memorandum of each party

(1)

The Registrar shall, within seven days after registering a reference, give notice to the parties that a dispute has been referred to the court and require each party to file a memorandum and in the ease of the claimant, the memorandum shall be filed within seven days after receipt of the notice.

(2)

The memorandum referred to in subrule (1) shall set out, in the case of the claimant, the nature and particulars of each item of the claim involved in the dispute and the claimant shall serve a copy of the memorandum on the respondent.

(3)

The memorandum under subrule (2) shall be accompanied by an affidavit of service.

(4)

The respondent shall, within seven days after receipt of the memorandum, file a reply as he or she may wish to give to the items of the claim raised in the claimant's memorandum and shall serve the memorandum on the claimant.

(5)

The memorandum under subrule (4) shall be accompanied by an affidavit of service.

(6)

Each party to the dispute shall submit six copies of the party's memorandum to the court and six copies of such documents as in the opinion of the Registrar may be necessary.

(7)

Where the dispute is between an employer and a labour union, the claimant shall attach the recognition and collective bargaining agreement between the employer and the labour union to the memorandum.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Memorandum of each party”.

“(1) The Registrar shall, within seven days after registering a reference, give notice to the parties that a dispute has been referred to the court and require each party to file a memorandum and in the ease of the claimant, the memorandum shall be filed within seven days after receipt of the notice.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(1) The Registrar shall, within seven days after registering a reference, give notice to the parties that a dispute has been referred to the court and require each party to file a memorandum and in the ease of the claimant, the memorandum shall be filed within seven days after receipt of the notice.
(2) The memorandum referred to in subrule (1) shall set out, in the case of the claimant, the nature and particulars of each item of the claim involved in the dispute and the claimant shall serve a copy of the memorandum on the respondent.
(3) The memorandum under subrule (2) shall be accompanied by an affidavit of service.
(4) The respondent shall, within seven days after receipt of the memorandum, file a reply as he or she may wish to give to the items of the claim raised in the claimant's memorandum and shall serve the memorandum on the claimant.
(5) The memorandum under subrule (4) shall be accompanied by an affidavit of service.
(6) Each party to the dispute shall submit six copies of the party's memorandum to the court and six copies of such documents as in the opinion of the Registrar may be necessary.
(7) Where the dispute is between an employer and a labour union, the claimant shall attach the recognition and collective bargaining agreement between the employer and the labour union to the memorandum.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

6. Extension of time

(1)

A party to a dispute who fails to file documents within the prescribed time, may apply to the court for extension of time.

(2)

The court may determine the application as it deems fit.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Extension of time”.

“(1) A party to a dispute who fails to file documents within the prescribed time, may apply to the court for extension of time.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) A party to a dispute who fails to file documents within the prescribed time, may apply to the court for extension of time.
(2) The court may determine the application as it deems fit.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

7. Registrar to fix hearing

(1)

The Registrar shall fix a date, place and time of hearing where-

(a)

both parties have filed a memorandum; or

(b)

the time for filing a memorandum has lapsed and no extension of time has been granted by the court.

(2)

Where the Registrar has fixed a date for hearing under subrule (1)(b), the parties shall rely on the information and documents submitted io the court.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Registrar to fix hearing”.

“(1) The Registrar shall fix a date, place and time of hearing where-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The Registrar shall fix a date, place and time of hearing where-
(a) both parties have filed a memorandum; or
(b) the time for filing a memorandum has lapsed and no extension of time has been granted by the court.
(2) Where the Registrar has fixed a date for hearing under subrule (1)(b), the parties shall rely on the information and documents submitted io the court.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

8. Legal representation

In proceedings before the court, a party may appear by himself or herself or by an agent including a labour union or an employer's organisation or may be represented by an advocate

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Legal representation”.

“In proceedings before the court, a party may appear by himself or herself or by an agent including a labour union or an employer's organisation or may be represented by an advocate”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

In proceedings before the court, a party may appear by himself or herself or by an agent including a labour union or an employer's organisation or may be represented by an advocate

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

9. Hearing of labour disputes

(1)

On the hearing date fixed under rule 7, the court shall call upon the claimant to present his or her ease including calling any witness that he or she may wish to rely on.

(2)

When the claimant closes his or her case, the court shall call upon the respondent to present his or her case and upon closure of the respondent's case, the court shall call upon the claimant to make a reply to the respondent after which the hearing shall be closed.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Hearing of labour disputes”.

“(1) On the hearing date fixed under rule 7, the court shall call upon the claimant to present his or her ease including calling any witness that he or she may wish to rely on.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) On the hearing date fixed under rule 7, the court shall call upon the claimant to present his or her ease including calling any witness that he or she may wish to rely on.
(2) When the claimant closes his or her case, the court shall call upon the respondent to present his or her case and upon closure of the respondent's case, the court shall call upon the claimant to make a reply to the respondent after which the hearing shall be closed.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

10. Witnesses

(1)

Where a party wishes to call a witness, the name and address of the witness shall be included in a list of witnesses and it shall be attached to the memorandum submitted under rule 5.

(2)

A witness may object to answering a question or to producing a document on the ground that it incriminates him or her.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Witnesses”.

“(1) Where a party wishes to call a witness, the name and address of the witness shall be included in a list of witnesses and it shall be attached to the memorandum submitted under rule 5.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Where a party wishes to call a witness, the name and address of the witness shall be included in a list of witnesses and it shall be attached to the memorandum submitted under rule 5.
(2) A witness may object to answering a question or to producing a document on the ground that it incriminates him or her.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

11. Examination and cross examination

A party is entitled to examine a witness called by him or her and may cross examine a witness called by the other party

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Examination and cross examination”.

“A party is entitled to examine a witness called by him or her and may cross examine a witness called by the other party”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A party is entitled to examine a witness called by him or her and may cross examine a witness called by the other party

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

12. Evidence

(1)

All evidence given to the court at the hearing shall be given on oath or affirmation.

(2)

All documentary evidence tendered in the court shall be original or where an original cannot be found, a certified copy of the original.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Evidence”.

“(1) All evidence given to the court at the hearing shall be given on oath or affirmation.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) All evidence given to the court at the hearing shall be given on oath or affirmation.
(2) All documentary evidence tendered in the court shall be original or where an original cannot be found, a certified copy of the original.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

13. Notice of withdrawal of labour

(1)

Where a notice in writing for a collective withdrawal of labour from an essential service under section 34 of the Act has been given to an employer, the employer shall notify a labour officer of the contemplated withdrawal of labour as soon as practicable.

(2)

A labour officer shall notify the Minister in writing of an intended collective withdrawal of labour as soon as practicable but in any case not later than two days from the date he or she is notified.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Notice of withdrawal of labour”.

“(1) Where a notice in writing for a collective withdrawal of labour from an essential service under section 34 of the Act has been given to an employer, the employer shall notify a labour officer of the contemplated withdrawal of labour as soon as practicable.”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Where a notice in writing for a collective withdrawal of labour from an essential service under section 34 of the Act has been given to an employer, the employer shall notify a labour officer of the contemplated withdrawal of labour as soon as practicable.
(2) A labour officer shall notify the Minister in writing of an intended collective withdrawal of labour as soon as practicable but in any case not later than two days from the date he or she is notified.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

14. Reference of collective withdrawal of labour to the court

Where the Minister has been notified of an intended collective withdrawal of labour, he or she shall within 5 days after receiving the notice refer the matter to the court in the form specified in the Fourth Schedule

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Reference of collective withdrawal of labour to the court”.

“Where the Minister has been notified of an intended collective withdrawal of labour, he or she shall within 5 days after receiving the notice refer the matter to the court in the form specified in the Fourth Schedule”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Where the Minister has been notified of an intended collective withdrawal of labour, he or she shall within 5 days after receiving the notice refer the matter to the court in the form specified in the Fourth Schedule

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

15. Filing of reference with Registrar

The reference under rule 14 shall be filed with the Registrar and the Registrar shall allocate a registration number to the reference

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Filing of reference with Registrar”.

“The reference under rule 14 shall be filed with the Registrar and the Registrar shall allocate a registration number to the reference”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The reference under rule 14 shall be filed with the Registrar and the Registrar shall allocate a registration number to the reference

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

16. Memorandum of each party

(1)

The Registrar shall within five days after registering a reference require each party to file a memorandum and any further and better particulars.

(2)

A claimant shall within five days after being required to file a memorandum, file a memorandum setting out the nature and particulars of each item of the claim involved in the dispute and shall within the five days serve the memorandum on the respondent.

(3)

A memorandum filed under subrule (2) shall be accompanied by an affidavit of service.

(4)

The respondent shall within five days after being served with a memorandum under subrule (2), file a reply as he or she may wish to the items of the claim raised in the claimant's memorandum.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Memorandum of each party”.

“(1) The Registrar shall within five days after registering a reference require each party to file a memorandum and any further and better particulars.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The Registrar shall within five days after registering a reference require each party to file a memorandum and any further and better particulars.
(2) A claimant shall within five days after being required to file a memorandum, file a memorandum setting out the nature and particulars of each item of the claim involved in the dispute and shall within the five days serve the memorandum on the respondent.
(3) A memorandum filed under subrule (2) shall be accompanied by an affidavit of service.
(4) The respondent shall within five days after being served with a memorandum under subrule (2), file a reply as he or she may wish to the items of the claim raised in the claimant's memorandum.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

17. Setting a hearing date

(1)

Where both parties have filed their memorandum and further and better particulars, if required to do so, the Registrar shall set a date, time and place for hearing within five days after the date on which the memorandum or further and better particulars were required to be given or agreed to be given.

(2)

The Registrar shall in any case fix the date for hearing to be within five days after due service of the memorandum on the respondent where the respondent has not filed a reply to the claimant's memorandum.

(3)

In a case to which subrule (2) applies, the hearing shall, unless withdrawn proceed to be determined exparte.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Setting a hearing date”.

“(1) Where both parties have filed their memorandum and further and better particulars, if required to do so, the Registrar shall set a date, time and place for hearing within five days after the date on which the memorandum or further and better particulars were required to be given or agreed to be given.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) Where both parties have filed their memorandum and further and better particulars, if required to do so, the Registrar shall set a date, time and place for hearing within five days after the date on which the memorandum or further and better particulars were required to be given or agreed to be given.
(2) The Registrar shall in any case fix the date for hearing to be within five days after due service of the memorandum on the respondent where the respondent has not filed a reply to the claimant's memorandum.
(3) In a case to which subrule (2) applies, the hearing shall, unless withdrawn proceed to be determined exparte.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

18. Expeditious hearing

(1)

The court shall in the case of essential services inquire into and determine a reference expeditiously and shall declare its findings not later than twenty one days from the date of the commencement of the hearing.

(2)

The court shall sit from day-today and may, for the purposes of hearing and determining the reference-

(a)

suspend any other matter pending before it; and

(b)

sit during Sundays and on public holidays where it considers it necessary for ensuring compliance with subrule (1).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Expeditious hearing”.

“(1) The court shall in the case of essential services inquire into and determine a reference expeditiously and shall declare its findings not later than twenty one days from the date of the commencement of the hearing.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The court shall in the case of essential services inquire into and determine a reference expeditiously and shall declare its findings not later than twenty one days from the date of the commencement of the hearing.
(2) The court shall sit from day-today and may, for the purposes of hearing and determining the reference-
(a) suspend any other matter pending before it; and
(b) sit during Sundays and on public holidays where it considers it necessary for ensuring compliance with subrule (1).

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

19. Decision of the court

(1)

After hearing the parties, the court shall make a decision based on the evidence adduced before it.

(2)

The decision of the court shall be by consensus reached by the members of the court.

(3)

Where the court is unable to reach a decision by consensus, the matter shall be decided by the Chief Judge.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Decision of the court”.

“(1) After hearing the parties, the court shall make a decision based on the evidence adduced before it.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) After hearing the parties, the court shall make a decision based on the evidence adduced before it.
(2) The decision of the court shall be by consensus reached by the members of the court.
(3) Where the court is unable to reach a decision by consensus, the matter shall be decided by the Chief Judge.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

20. Awards of the court

(1)

An award or decision of the court shall be announced by the Chief Judge in the presence of the parties to the dispute.

(2)

An award or decision of the court shall take effect from a date determined by the court but in any case, not earlier than the date the dispute arose.

(3)

The court may, when making an award, determine the period during which the award shall remain in force.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Awards of the court”.

“(1) An award or decision of the court shall be announced by the Chief Judge in the presence of the parties to the dispute.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) An award or decision of the court shall be announced by the Chief Judge in the presence of the parties to the dispute.
(2) An award or decision of the court shall take effect from a date determined by the court but in any case, not earlier than the date the dispute arose.
(3) The court may, when making an award, determine the period during which the award shall remain in force.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

21. Awards to be submitted to the Minister

The Registrar of the court shall submit to the Minister, a copy of every award of the court

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Awards to be submitted to the Minister”.

“The Registrar of the court shall submit to the Minister, a copy of every award of the court”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Registrar of the court shall submit to the Minister, a copy of every award of the court

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

22. Enforcement of awards or decisions of the court

(1)

An award or a decision of the court shall be enforceable in the same way as a decision in a civil matter in the High Court.

(2)

A party to an award or decision of the court who fails or refuses to abide by the terms of the award or decision of the court shall be held liable for contempt of court.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Enforcement of awards or decisions of the court”.

“(1) An award or a decision of the court shall be enforceable in the same way as a decision in a civil matter in the High Court.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) An award or a decision of the court shall be enforceable in the same way as a decision in a civil matter in the High Court.
(2) A party to an award or decision of the court who fails or refuses to abide by the terms of the award or decision of the court shall be held liable for contempt of court.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

23. Appeals from decisions of the court

(1)

Where a party is dissatisfied with a decision of the court, he or she may appeal to the Court of Appeal.

(2)

An appeal shall lie from a decision of the court to the Court of Appeal only on a point of law, or to determine whether the court had jurisdiction over the matter.

(3)

Appeals under this rule shall be made under the Judicature (Court of Appeal) Rules, S.I. No. 13-10.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Jurisdictional rule

This section establishes the jurisdictional rule for “Appeals from decisions of the court”.

“(1) Where a party is dissatisfied with a decision of the court, he or she may appeal to the Court of Appeal.”

Primary legislation Source quotation matched

Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) Where a party is dissatisfied with a decision of the court, he or she may appeal to the Court of Appeal.
(2) An appeal shall lie from a decision of the court to the Court of Appeal only on a point of law, or to determine whether the court had jurisdiction over the matter.
(3) Appeals under this rule shall be made under the Judicature (Court of Appeal) Rules, S.I. No. 13-10.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

24. Appeals from decisions of a labour officer

(1)

A party who is dissatisfied with a decision of a labour officer on a complaint made under section 13 of the Employment Act 2006, or sections 4 and 5 of the Act may appeal to the court.

(2)

An appeal under subrule (1) shall lie on a question of law, and with leave of the court, on a question of fact forming part of the decision of the labour officer.

(3)

The court may confirm, modify or reverse any decision from which an appeal is made.

(4)

In hearing an appeal, the court shall follow the procedure for hearing disputes provided for under these Rules.

(5)

The appeal shall be made in the form specified in the Fifth Schedule.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Appeals from decisions of a labour officer”.

“(1) A party who is dissatisfied with a decision of a labour officer on a complaint made under section 13 of the Employment Act 2006, or sections 4 and 5 of the Act may appeal to the court.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) A party who is dissatisfied with a decision of a labour officer on a complaint made under section 13 of the Employment Act 2006, or sections 4 and 5 of the Act may appeal to the court.
(2) An appeal under subrule (1) shall lie on a question of law, and with leave of the court, on a question of fact forming part of the decision of the labour officer.
(3) The court may confirm, modify or reverse any decision from which an appeal is made.
(4) In hearing an appeal, the court shall follow the procedure for hearing disputes provided for under these Rules.
(5) The appeal shall be made in the form specified in the Fifth Schedule.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 13 · Notice of withdrawal of labour Section 4 · Receipt of a reference Section 5 · Memorandum of each party Employment Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

25. Revocation of S.I. 224-3

The Trade Disputes (Arbitration and Settlement) (Industrial Court) (Procedure) Rules S.I. 224-3 are revoked First Schedule (Rule 3(1))

Reference of a labour dispute to the Industrial Court by a labour officer

The reference of Mr/Miss ___________________________ a labour officer in the Ministry responsible for labour, silting at _____________ in labour dispute No. ______________ between _________________ claimant, and __________________ respondent.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Revocation of S.I. 224-3”.

“The Trade Disputes (Arbitration and Settlement) (Industrial Court) (Procedure) Rules S.I. 224-3 are revoked First Schedule (Rule 3(1))”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Revocation of S.I. 224-3”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. The labour officer is of the

opinion that a substantial question of law or fact has arisen in the proceedings and is therefore unable to resolve the dispute

2. The question or issues are

(a)

__________________________________________________________________________

(b)

__________________________________________________________________________

(c)

__________________________________________________________________________

3. The labour officer desires

the court to determine and dispose of the dispute Dated this ____ day of ________ 20___

_________________________

Labour Officer

Second Schedule (Rule 3(2))

Reference of a labour dispute to the Industrial Court by a party to the dispute

The reference of Mr/Miss ________________________ a party to a labour dispute No. ______________ between ________________ claimant and ________________ respondent handled by ________________ a labour officer.

1. The labour officer has failed to

dispose of the dispute within eight weeks after it was reported

2. The issues or questions are

(a)

____________________________________________

(b)

____________________________________________

(c)

____________________________________________

3. The party desires

the court to determine and dispose of the dispute Dated this ____ day of ________ 20___

_________________________________

Party to the dispute

Third Schedule (Rule 4)

Industrial Court register

Dispute Date Parties Matters Type of Recognition Date of Date of AwardEntered No. reported to the in industry and hearing settlement by the by Dispute dispute Collective of Court Bargaining Dispute Agreement

Fourth Schedule (Rule 14)

Reference of a labour dispute to the Industrial Court by the Minister

The Reference of Hon ____________________ Minister responsible for labour in the dispute of collective withdrawal of labour is essential services between _________________ and _________________

1. I have been notified that

there is an intended collective withdrawal of essential services in the _________________ (health, electricity, water, sanitary, fire, prisons, air traffic control, civil aviation, telecommunication, ambulance, transport, police) services

2. The issues or questions are

(a)

____________________________________________

(b)

____________________________________________

(c)

____________________________________________

3. I desire that

the court determines and disposes of the dispute Dated this ___ day of __________ 20___

________________________________________

Minister responsible for labour

Fifth Schedule (Rule 24)

Date ________________________

The Registrar,

High Court.

Appeal from the Industrial Court to the High Court In accordance with the provisions of section 22 of the Labour Disputes (Arbitration and Settlement) Act, 2006, Act No. 8 of 2006 and the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules, 2011, an appeal is made against the decision taken by the Court concerning an award made on ______ day of __________ 20____ at ____________________

The record of hearing and the award are attached to this appeal

Name and Signature: ______________________

Employer or Worker(s)

About this Act

Full text of the Act

Part I

1. Title

2. Interpretation

Part II

3. Reference of a labour dispute

4. Receipt of a reference

5. Memorandum of each party

Part III

6. Extension of time

7. Registrar to fix hearing

8. Legal representation

9. Hearing of labour disputes

10. Witnesses

11. Examination and cross examination

12. Evidence

Part IV

13. Notice of withdrawal of labour

14. Reference of collective withdrawal of labour to the court

15. Filing of reference with Registrar

16. Memorandum of each party

17. Setting a hearing date

18. Expeditious hearing

Part V

19. Decision of the court

20. Awards of the court

21. Awards to be submitted to the Minister

22. Enforcement of awards or decisions of the court

Part VI

23. Appeals from decisions of the court

24. Appeals from decisions of a labour officer

Part VII

25. Revocation of S.I. 224-3

1. The labour officer is of the

2. The question or issues are

3. The labour officer desires

1. The labour officer has failed to

2. The issues or questions are

3. The party desires

1. I have been notified that

2. The issues or questions are

3. I desire that