Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…That was done, with the enactment of the Employment and Labour Relations Court Act.…
…The jurisdiction, carved out for the Employment and Labour Relations Court by Article 162(2) of the Constitution, is exercised by the Employment and Labour Relations Court together with the Magistrate’s Court, by dint of…
Division and case type: High Court Commercial and TaxCommercial Matters
…The jurisdiction of the Employment and Labour Relations Court is therefore exclusive in respect of disputes “relating to or arising out of employment between an employer and an employee” under Section 12(1)(a) of the Employment…
…Conversely, the employment claims, though pleaded, arise from a contract of employment with the 4th Defendant. Those claims are severable.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The 1st and 2nd Respondents’ counsel referred the Court to section 12(1) of the Employment and Labour Relations Court Act, 2014, which confers exclusive jurisdiction on the Employment and Labour Relations Court over a list…
…Section 12(1) of the Employment and Labour Relations Court Act, 2014 confers exclusive original jurisdiction on the Employment and Labour Relations Court over disputes relating to employment and labour relations, including…
Division and case type: High Court DivJudicial Review
…Thus, pre-employment transactions or relationship fall within the jurisdiction of Employment and Labour Relations Court. 47.…
…The Supreme Court combed through various employment legislations among them the Employment Act, Labour Institutions Act, 2007, Labour Relations Act, 2007 which all outlaw discrimination in employment and held that: “Based…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The Employment and Labour Relations Court is a specialised court established under Article 162(2)(a) and operationalised under the Employment and Labour Relations Court Act.…
…where the dispute falls within the employment and labour relations field. 14.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Employment and Labour Relations Court is established by the Employment and Labour Relations Court Act.…
…the Employment and Labour Relations Court.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The Employment and Labour Relations Court is established by the Employment and Labour Relations Court Act.…
…the Employment and Labour Relations Court.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Further, that section 57 of the Employment Act prohibits written employment contracts for children of ages 13 and sixteen years.…
…The Employment and Labour Relations Court is the court with exclusive jurisdiction to hear and determine disputes relating to Employment and Labour Relations as espoused in Article 162(2) (a) of the Constitution, whether…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…public equal opportunity to apply in a fair, competitive and merit-based employment.…
…the industrial court has now been established to deal with employment and labour matters.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…, Cabinet Secretaries, applicants for employment, persons aggrieved by the decision of the Director of Employment or in any other category of persons recognized in the Employment and Labour Relations Court Act, the Employment…
…disputes, and matters concerning employment contracts.…
Division and case type: High Court CivilCivil Suit
…The Plaintiffs contend that the dispute arises from an employment relationship and therefore falls within the jurisdiction of the Employment and Labour Relations Court.…
…Since the Constitution and the Employment and Labour Relations Court Act now vest jurisdiction over employment and labour relations disputes in the Employment and Labour Relations Court, it is appropriate that the reinstated…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Act together with Part IV the Employment Act [Employment (General) Rules] and Section 18 of the Children Act, in relation to employment of persons under 18 years. 2.…
…jurisdiction belongs to the Employment and Labour Relations Court.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The remedies sought are also mixed with those remedies which only the Employment and Labour Relations Court can grant, such as declaration that the termination of the petitioner’s employment was illegal.…
…Additionally, as the alleged torture and detention is directly connected to the employment relationship between the petitioners and their employer the Kenya Airforce which also allegedly illegally terminated their employment…
Division and case type: High Court DivCivil Case Miscellaneous
…Article 162(2)(a) of the Constitution establishes the Employment and Labour Relations Court (ELRC) with exclusive jurisdiction to hear and determine disputes relating to employment and labour relations.…
…Section 12 of the Employment and Labour Relations Court Act further reinforces this mandate. 4.…
Division and case type: High Court DivJudicial Review
…and labour relations including— (a) disputes relating to or arising out of employment between an employer and an employee…” 7.…
…relationship and recognized that Section 12 of the Employment and Labour Relations Court Act confers exclusive jurisdiction upon the ELRC over disputes relating to or arising out of employment.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The jurisdiction of the Employment and Labour Relations Court is as provided for under Section 12 (1)(a) of The Employment Court Act which provides that, “The Court shall have exclusive original and appellate jurisdiction…
…and labour relations including - (a) disputes relating to or arising out of employment between an employer and an employee;” Order: 1.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The jurisdiction of the Employment and Labour Relations Court is as provided for under Section 12 (1)(a) of The Employment and Labour Relations Court Act which provides that, “The Court shall have exclusive original and appellate…
…and labour relations including -disputes relating to or arising out of employment between an employer and an employee;” Order: 1.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…of employment between them which includes the conditions of employment.” 4.…
…and Labour Relations Act, 2011, grants the Employment and Labour Relation Court (‘’the ELRC’’) exclusive jurisdiction to hear appeals from courts and tribunals on labour and employment disputes.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…and Labour Relations Act as read with section 87(1)(b) and (2) of the Employment Act, 2007 and that it ought to have been filed in the Employment and Labour Relations Court (“ELRC”).…
…Pursuant to this power, Parliament enacted the Employment and Labour Relations Court Act.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Section 12 of the Employment and Labour Relations Court Act.…
…With regard to employment, while all persons have a right to employment, there is always need to balance the right of employment of the youth and the right of employment of other older persons in the society.…