BY SAM ALFAN.
Employment and Labour Relations court that arbitration does not apply to employment contracts.
Justice Jacob Gakeri ruled that arbitration is not one of the Alternative Dispute Resolution options cited in the Employment Acts.
The judge said on the import of section 15 of Employment and Labour Relations Act, 211, on ADR as follows “section 15(1) of Industrial Court Act requires the court to promote appropriate means of dispute resolution include internal methods, conciliation, mediation and traditional dispute mechanisms.
The judge added that the section specifically omits to mention arbitration as alternative method of dispute resolution in the industrial court.
“In my mind, this was deliberate omission as both Employment Act and Labour Relations Act provide for both internal dispute resolution mechanism and conciliation,” said Judge Gakeri.
The judge further found that both Industrial Court Act and the Employment Act do not recognize arbitration as an appropriate means of dispute resolution in employment dispute.
The judge made the ruling while dismissing application by HHI Management Services limited who had filed an application seeking to suspend claim filed by Steve Okeyo.
They had urged the court to dismiss the claim and refer the matter for arbitration in accordance with the contract of parties as set out in the Employment contract dated 30th May 2012.
