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FK LAW CHAMBERSWORKSHOP ON THE NEW INCOME TAX ACT 2004,THE NEW LABOUR INSTITUTIONS ACT 2004 AND THENEW EMPLOYMENT AND LABOUR RELATIONS ACT2004THE LABOUR INSTITUTIONS ACT:Identification of Labour Institutions, theirFunctions, Composition and JurisdictionByMhina M. V.FK Law Chambers (Advocates)0
SeniorPartnerFK Law ChambersFK Law Chambers (Advocates)1
The Labour Institutions Act: Identification of LabourInstitutions, their Functions, Composition andJurisdictionPART 1INTRODUCTIONThe Labour Institutions Act, rather uncharacteristic of statutes, doesnot contain an objects clause. One can only ascertain the objectivesof the Act by reference to the objects and reasons stated in theoriginating Bill. The only stated object of the Bill is “to enact alegislation to provide for the institutional framework and machineryfor the effective labour market regulation.” That may well be thestated objective of the Act. However, for purposes of this paper, wesee the Labour Institutions Act as a vehicle for providing theinstitutionalmeansandmachineryforapplicationandimplementation of the employment standards as well as thesubstantive rules regulating labour relations prescribed under theEmployment and Labour Relations Act. Seen in this view, the twopieces of legislation are mutually complimentary. Without one theother is an empty shell.This paper attempts to identify the institutions that Labour RelationsAct puts in place, together with their composition, functions, andwhere appropriate, their respective jurisdiction. The Act createsadministrative, quasi-judicial and judicial institutions to administer it.The examination of functions will be restricted to administrativeinstitutions. The term jurisdiction is variously used to denote “…theauthority by which courts and judicial officers take cognizance of anddecide cases” or “the right and power of a court to adjudicateconcerning the subject matter in a given case.” Consistently with thisdefinition, this paper will examine the powers of the quasi-judicialand judicial institutions that have been created by the Labourinstitutions Act. The emphasis will be on how powers are distributedbetween these judicial institutions, generically speaking, and how theinstitutions relate to each.It is obvious that space and time are constraining factors given theenormous size and niceties of the Labour Institutions Act, so that,once again, we are compelled to take a selective approach in theensuing discussion, without, however, sacrificing important detail.Part II seeks to identify administrative institutions and outline theirfunctions. Part III defines the powers of the quasi-judicial organs,invariably, the Commission for Mediation and Arbitration. And Part IVFK Law Chambers (Advocates)2
attempts to closely examine the powers of the Labour Court and theCourt of Appeal; the judicial institutions that have been given a roleto play in the administration of the Labour Institutions Act.

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Term
Fall
Professor
NoProfessor
Tags
Law, Labour market flexibility, Labour Court

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