Employment Act

86. Complaint and jurisdiction in cases of dispute between employers and employees

Edition: 2024-04-26 · In force

86. Complaint and jurisdiction in cases of dispute between employers and employees

(1)Subject to the provisions of this Act whenever—

(a)an employer or employee neglects or refuses to fulfill a contract of service; or

(b)any question, difference or dispute arises as to the rights or liabilities of either party; or

(c)touching any misconduct, neglect or ill treatment of either party or any injury to the person or property of either party, under any contract of service,

the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Employment and Labour Relations Court.

(2)No court other than the Employment and Labour Relations Court shall determine any complaint or suit referred to in subsection (1).

(3)This section shall not apply in a suit where the dispute over a contract of service or any other matter referred to in subsection (1) is similar or secondary to the main issue in dispute.

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Source: Kenya Law