COLLEGE NAME: KENYA INSTITUTE OF MANAGEMENT-Kitengela branch.

ADMISSION NUMBER/ KIM/31971/16

UNIT NAME: INDUSTRIAL AND LABOUR LAWS

UNIT CODE: HRM232

SUBMISSION DATE:

WORKBASED ASSIGNMENT: WBA

1
 TABLE CONTENT

QUESTION ONE: IMPORTANCE OF STUDYING THE UNIT INDUSTRIAL AND LABOUR LAWS..

QUESTION TWO: DEFINE AND SPELL OUT THEIR PURPOSE IN THE WORLD OF EMPLOYER-
EMPLOYEE R/SHIP..

QUESTION THREE: DISCUSS THE SOURCES OF THE KENYAN LABOUR LAWS.

2
 QUESTION ONE

Q. As a professional in HRM indicate and discuss the importance of studying the unit
industrial and labor laws.

Our studies on labor laws familiarize us on the correct actions and standards that are to
be taken mindful. By study the unit, it enables us to understand and be familiar with
laws guiding and protecting both employees and employers.

A crucial unit in the field of HRM undertaken by HR students to enable them to have
knowledge pertaining Kenya industrial and labor laws which will also enable them to
compile with laws.

Provides structured ways to raise the human potentials in terms of their physical or
mental exertions translated into the overall productivity and effiency of the nation. This
is gained as a result of knowledge of labor laws.

An industrial and labor law acts as ultimate manual, the instruction book of future
profession. Industrial and labor law unit enablers learners to posses knowledge that
enable them to implement it practically in their future workplace.

To develop a human from and being a worker, a laborer or an employee. Industrial and
labor law unit nurture learner to be workers that understand well the need to comply
with these laws as an employee and employers.

Guarantee that we are developing exceptional manpower by following exceptional

means in exercising our full logic in structuring developing ways for them and the
society.

Labor law helps in structuring teams; it building the organizations culture and it helps in
structuring teams. That helps people with engagement and development.

3
 Promotes in conflicts resolutions. You will also be taught how to handle the situation as
professionally as possible. Labour laws as a unit in HRM will not only add knowledge to
the student but also professional skill concern that field in HRM.

Enables to understand and be aware of HR policies and employees and employer rights
in a workplace setup. Labour law unit enables HR student to understand the need of
implementation and compliance of lab our laws.

Value recognition. Labour laws similar to any other laws, reflects the dominates values
of the society in which people create them and it compliance is important because it
indirectly preserves these underlying concepts, thereby stabilizing the overall value. As
HR student, will be able to have practical skill when it comes to implementation of
industrial and labour laws in workplace.

Importance of Labour Laws Improves industrial relation, i.e. Employee-employer relations and
minimizes industrial disputes. Prospects workers from exploitation by the employers or
management Helps workers in getting fair wages Minimizes labour unrest Reduces conflicts
and strikes, etc. Ensures job security for workers Promotes welcome environment conditions
in the industrial system Fixes rest pauses and work hours, etc. Provides compensation to
workers, who are victims of accidents. HRM Linkage with Labour Laws, Ensuring that employers
provide equal opportunities to applicants regardless of differences is one of the biggest ways
labour laws are beneficial to the workforce. In addition, it gives employees a right to voice out
concerns regarding concerns in working conditions, benefits and other important aspects of
their employment. It also helps them make informed decisions. Why is it important for
employers? Labour and employment laws outline the employers obligations. This
encompasses important aspects like recruitment, hiring, training, retaining and dismissing
employees. The law upholds fairness, and requires employers to provide prospective workers
with opportunities despite differences in race, creed and sex, among others. Basically, the law
serves as a guide in many important processes. How does it help the workplace? The law is
important for small businesses and big companies alike. It gives them structure and order. It
guides employers to make sound decisions in areas as vital as payroll, bookkeeping and
accounting. Whatever line of work you're looking to get into, whether you're thinking of
becoming a HR professional studying industrial and labour laws will be an added advantage to
you.

4
 QUESTION TWO

Q2 Indicate what industrial labour laws are and spell out their purpose in the
world of employer-employee relationship.

Industrial and labour laws are branches of civil law, regulating the conduct of the government employers
and employees in relation to employment matters.

An industrial law specifically deals with rules regulating physical structure and other environmental
matters affecting employers and employees in relation to their safety, health and welfare.

On the hand labour laws deals with rules governing the socio-economic and political matters
affecting employers and employees in their capacity as individuals and as a group.

Labour laws may relate to terms and conditions of employment, formation of unions,
collective bargaining,

Also labour laws are define as follows: Mediates the relationship between workers,
employing entities, trade unions and the government. Collective labour law relates to
the tripartite relationship between employee, employer and union.

Industrial law regulates the relations between employers and employees and their
representative organizations. It concerns the prevention and settlement of industrial
disputes by conciliation and arbitration, or by agreement, or proscription.

5
Labor laws have a uniform purpose: they protect employees' rights and set forth employers' obligations
and responsibilities. They also have multiple functions. The primary functions of labor laws are to
provide equal opportunity and pay, employees' physical and mental well-being and safety, and workplace
diversity. Although many employers would still embrace sound business principles without legal
mandates, employers use the structure that labor laws provide to ensure that their operations are in
compliance with federal laws.
Equal Opportunity

The combined function of federal labor laws of the Civil Rights Act Kenyans with Disabilities Act of
1990, and the Age Discrimination in Employment Act of 1967, is to provide applicants and employees
with equal access to employment and fair treatment in the workplace. These laws prohibit discrimination
and disparate treatment based on factors that aren't related to the job requirements. These laws also
function as mandates for employers to give consideration and equal opportunities to workers, regardless
of their age, color, disability, national origin, race, religion or sex.
Pay Equity

The Equal Pay Act of 1963 functions to ensure pay equity. The act prohibits employers from establishing
different pay scales or using different compensation practices based on an employee's gender, provided
employees are performing job duties that require the same duties, have similar responsibility, and require
equal effort. For example, two similarly situated account managers -- one male, one female -- must
receive equal compensation. The purpose of the Equal Pay Act is to mandate equal pay for equal work, a
phrase often considered the mantra for pay equity.
Safe and Friendly Workplace

Creating a safe-friendly workplace requires more than legislation, as in the Family and Medical Leave.
The FMLA conveys to employees that their employers respect the time they need for attending to family
matters and working conditionals in workplace. The function of the FMLA is to protect workers from
being penalized by employers when they need time off to care for a serious medical condition of their
own or that of a family member. The FMLA requires that certain employers provide up to 12 weeks of
unpaid, job-protected leave to eligible employees. In some circumstances, employees are permitted up to
26 weeks of unpaid, job-protected leave when they need to care for an armed forces service member.
Upon returning to work from leave, an employee must be restored to the previously held job, or an
equivalent one with equal pay and similar working conditions.
Concerted Activity

6
The National Labor Relations Act as it's, functions to protect employees' rights to engage in concerted
activity. The law was enacted to prohibit employers from interfering with employees' rights to seek better
working conditions as a self-directed group of workers or workers represented by a labor union. The
rights that the Act protected when it was enacted. This act guaranteed that employees couldn't be forced
to engage in concerted activity, and it prohibited employment discrimination based on union membership.
Workplace Safety

Employers have an obligation to provide a safe work environment, with particular emphasis on workplace
safety where employees are exposed to hazardous substances, complex machinery and dangerous
conditions. The Occupational Safety and Health Act of 1970 functions as the primary law for reinforcing
this employer obligation. It requires that employers log workplace accidents and fatalities, and provides
stiff fines and penalties for employers who ignore their obligations under workplace safety principles.

To protect employees against forced labour, discrimination and sexual harassment.

To ensure there is equality and fairness in all areas of employment.
To create and define the fundamental rights of the parties in employment.
To provide the basic minimum terms and conditions of employment of employees. vi. To create
rules for the protection of wages and salaries of employees.

Employer rights
To expect employees to render the agreed services on the agreed days and times
to expect employees to perform under his authorization
to carry out all work instructions and obey all reasonable and lawful instructions issued)
to expect employees to display good behavior in the workplace (to comply with company policy and
procedure, and to comply with company Disciplinary Code and Procedure, and to behave in the
workplace in a manner acceptable in the norms of society)
to expect employees to act in good faith, be loyal, and have the best interests of the employer at
heart at all times
to expect employees to follow workplace rules, company policies and procedures and work
performance standards
to expect employees to strive honestly toward work objectives, and to expect employees to adhere
to product specifications and quality standards
to expect employees to use the employers prescribed resources and methods
To expect employees to report to him any dishonest or unlawful practices in the workplace,
including any breaches of company policies and procedures.

7
This last expectation is a difficult one, because usually if an employee notices fellow employees
conducting themselves in a dishonest manner, or engaging in dishonest practices in the workplace, such
as theft and so on, that employee will turn a blind eye and look the other way.
He will do this simply because if he does make a report to the employer, his lifespan will suddenly
become very limited, and he is general state of health may suddenly become a source of concern due to no
fault of his own. If the employees perpetrating the dishonesty find out that he has "blown the whistle",
they will be certain to extract revenge on him either by personal injury, injuring or assaulting his family,
or in some other way causing personal injury or damage to property, even to the extent of loss of life.
Thus, the employee cannot really be blamed if he does not report such goings on to the employer, and
the employer must b certain to take into account these personal circumstances of the employee.
On the other hand, the failure of the employee to report dishonesty in the workplace to the employer
could in fact make him or her accomplice to the fact, or, in legal terms, and "accessory to the crime." The
common law duty to act in good faith towards the employer flies out the window and the employer is
faced with the difficult decision as to whether it is going to start charging witnesses for failing to report
misconduct or to come forward with information and evidence.
Employers in the retail industry faces huge losses to theft or industrial espionage and the guilty party or
parties are never identified although many are aware of the misconduct, but they are either sharing in the
proceeds or are just not prepared to come forward with information to assist the employer in identifying
the thieves.
In Foschini Group v Maidi & others (2009) 18 LAC 1.25.2; [2010] 7 BLLR 689 (LAC) five employees
(the full staff compliment in that store) were charged with failure to secure assets of the company after
substantial stock losses were detected at the clothing store where they had been employed. The employer
could not prove that they were in fact stealing the stock, however they were dismissed in their absence for
Gross negligence by failing to take proper care of company property under their control resulting in a
financial loss of R 207 000 as well as an irretrievable breakdown in the trust relationship. The stock losses
reached a level in excess of 28% (some 1 553 items over a period of six months) which was contributed to
their lack of commitment towards the company. The company conducted a thorough investigation by
sending a manager to the store in question, who conducted the investigation himself, which preceded and
founded his report.
The Commissioner in the arbitration proceedings (and as confirmed by the LAC) looked at various cases
where the question of collective misconduct or sanction was considered. Grogan is of the view that, in the
context of employees in a small store, who are unable to point to some cause for the stock loss, the
species of misconduct upon which the company relies when it calls members of an entire staff to book for
stock loss, although collective in nature, would be better described as team misconduct. The team is
responsible for maintaining the stock and in the case of team misconduct the employer dismisses a
group of workers because responsibility for the collective conduct of the group is indivisible. It should be
noted therefore that the principle is not that some (the innocent) must suffer because the employer
cannot pin point the guilty. In this case, all are held responsible for not complying with the rule and not
acting in good faith in executing their duties. It therefore lies in each employees individual culpability for
the failure of the group to attain the performance standard set by the employer.
In Chauke & others v Lee Service Centre CC t/a Leeson Motors (1998) 19 ILJ 1441 (LAC) [also reported
at [1998] JOL 3076 (LAC), the Labour Appeal Court held that an employer, who suffered continuously
under industrial sabotage perpetrated by unidentified employees, was entitled to dismiss all the employees
on the shop floor where the damages occurred, on the basis that the employees must have known who the
perpetrators were and failed to come forward and identify them. Again, the employees made them guilty
of a special misconduct breach of trust and duty of care towards the employer.
Although the principle in question causes problems in light of the principle of fairness in our law,
Cameron JA in the Chauke case formulated two lines of justification for a fair dismissal in such
circumstances. The first is where an employee, who is part of the group of perpetrators, is under a duty to
assist the employer in bringing the guilty to book. The second is where an employee has or may
reasonably be supposed to have information concerning the guilty but fails or refuse to disclose same. His

8
or her failure to come forward with the information may itself amount to misconduct as the relationship
between employer and employee is in its essentials one of trust and confidence, and, even at common law,
conduct clearly inconsistent with that essential warranted termination of employment. The LAC found
failure to assist an employer in bringing the guilty to book violates this duty and may itself justify
dismissal.
The learned Judge of Appeal further held that this derived justification is wide enough to encompass
those innocent of the main misconduct, but who through their silence make themselves guilty of a
derivative violation of trust and confidence.

9
 QUESTION THREE

Q3. Indicate and discuss the sources of the Kenyan labour laws.

There are various sources of Kenyan labour laws. They include:

Legislation ( Acts of parliament)

Common law England.
National Political philosophy
Industrial Relations Charter
Collective Bargain Agreement (CBA)
Employment Acr,2007
Labour institution, ACT 2007
Labour Relations.
Work Injury Benefits ACT 2007
Occupational safety and Health Acts 2007.
The constitution

1. Industrial relations charter.

The Industrial Relations Charter o At the beginning of independence in Kenya 1962, the government of
Kenya together Kenya Federation of Labour (now COTU) and the Kenya Federation of Employee (FKE)
came together to formulate a social contract called the Industrial Relations Charter (IRC). The charter
sets out the regulations and roles of each party in labour management with the objective of providing
good industrial relations and maintenance of industrial peace. In this respect the Industrials Relation
Charter is credited with its input in the existence in the existence of the current labour laws in Kenya.

2. National Political Philosophy .

The countrys National Political Philosophy is contained in the manifestos of its various political parties.
O f such political philosophies find expression through enactments and amendments in parliament of all
laws including labour laws whenever such political parties come to power.

10
2. Common Law of England.
This means the customs of the people of England. They are applicable in Kenya as source of
labour laws only if the Kenyan labour laws are inadequate/unfair in dealing with a particular
labour matter and also when they are found to be suitable to the circumstances of Kenya and its
people. o Currently, they are applied in respect of common law duties of employers and
employees, the doctrine of contributory negligence, and certain aspects of collective bargaining.

3. Collective Bargain Agreement.

This means an agreement made in writing between employers and their employees or their
organization regarding a certain terms and conditions and employment. Once the document is
signed it is required to be delivered to the Minister for labour who in turn submits it, with his
recommendations, to the Kenya Industrial Court for its registration. If the Industrial Court
accepts it for registration, its contents becomes the part of the labour laws governing the parties
to it.

4. Legislation (Acts of Parliament).

Legislation means the process of making law. As a source of labour law, it means labour laws
enacted by parliament. It is the most important source of labour laws in the present day
because majority of them originate from parliament. Some of the labour legislations by
parliament include: - i. The Employment Act, 2007 ii. The Labour Institutions Act, 2007 iii. The
Labour Relations Act, 2007 IV. Work Injury Benefits Act, 2007 v. Occupational Safety and Health
Act, 2007.

5. The Constitution
A constitution consists of rules and principles that govern the relationship between the state
and its people. It is the Supreme law of the land and all other laws, including labour laws, are
subject to it. It provides the standard measure and direction upon which all laws are established.
Some of the constitutional provisions which have influenced the labour legislations in Kenya
includes:-

a) The right to freedom of association through which employers and employees are now
empowered to form and join unions, organizations of their choice to champion their
interests by collecting bargaining.
b) The right of access to an independent judiciary through which employees and
employers are now empowered to take their trade disputes to the Kenya Industrial Court
established for this purpose.

11
Reference.

1. Labour law 6th edition Simon Deaxin

2. Oxford lib Guides
3. Industrial and labour laws by Longisha ma Governance and Ethics

12
13