ADVOKS GLOBAL · KENYA
Labour Relations Act
62. Reporting of trade disputes to the Cabinet Secretary
Edition: 2022-12-31 · In force
62. Reporting of trade disputes to the Cabinet Secretary
(1)A trade dispute may be reported to the Cabinet Secretary in the prescribed form and manner—(a)by or on behalf of a trade union, employer or employers’ organisation that is a party to the dispute; and(b)by the authorised representative of an employer, employers’ organisation or trade union on whose behalf the trade dispute is reported.(2)A person reporting a trade dispute shall—(a)serve a copy by hand or registered post on each party to the dispute and any other person having a direct interest in the dispute; and(b)satisfy the Cabinet Secretary that a copy has been served on each party to the dispute by hand or by registered post.(3)A trade dispute concerning the dismissal or termination of an employee shall be reported to the Cabinet Secretary within—(a)ninety days of the dismissal; or(b)any longer period that the Cabinet Secretary, on good cause, permits.(4)If the issue in dispute concerns the redundancy of one or more employees, a trade union may report a trade dispute to the Cabinet Secretary at any stage after the employer has given notice of its intention to terminate the employment of any employee on grounds of redundancy.(5)The reporting of a trade dispute by a trade union under subsection (4) does not prevent an employer from declaring employees redundant on the expiry of notice of intention to declare the employees redundant.