ADVOKS GLOBAL · KENYA
Employment Act
71. Complaint to Employment and Labour Relations Court
Edition: 2024-04-26 · In force
71. Complaint to Employment and Labour Relations Court
(1)A person who has applied for a payment under section 66 may present a complaint to the Employment and Labour Relations Court—(a)that the Cabinet Secretary has failed to make the payment; or(b)that the payment made by the Cabinet Secretary is less than the amount which should have been paid.(2)The Employment and Labour Relations Court shall not consider a complaint under subsection (1) unless it is presented—(a)before the end of the period of three months beginning with the date which the decision of the Cabinet Secretary on the application was communicated to the applicant; or(b)within such further period as the Employment and Labour Relations Court considers reasonable in a case where it is not reasonably practicable for the complaint to be presented before the end of that period of three months.(3)Where the Employment and Labour Relations Court finds that the Cabinet Secretary should have made a payment under section 66, the Employment and Labour Relations Court shall—(a)make an award to that effect; and(b)declare the amount of any payment which it finds the Cabinet Secretary ought to make.