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COURSE OVERVIEW
Employee relations are a key feature in the nature of managing employment. It brings together
the sources of power and legitimacy, rights and obligations, that management and employees
seek for themselves and apply to others. This unit is concerned with explaining this relationship
and examining how it works out through variety of applications such as law, collective
bargaining performance and reward, settlement of disputes and grievances and employees
involvement.
COURSE OBJECTIVES
At the end of this course students should be able to:
1. Appreciate the concept of employment relationship as a process of socio-economic
exchange through discussion of management function and its prescriptions.
2. Explain the role of collective bargaining in the context of human resource management
and examine recent changes and contemporary issues in collective bargaining.
3. Critically examine contemporary issues and trends in remuneration and reward strategies
techniques and philosophies.
4. Explain employee involvement and examine its recent historical development including
cycles and waves and other discernible patterns and examine the various type of
employee involvement schemes practiced in organizations.
5. Examine the main theoretical and practical developments in international HRM.
6. Explore recent developments in HRM and labour relations in Kenya.
7. Identify the importance of social dialogue in shared vision and values as well as
information sharing to create good industrial relations in organizations.
TABLE OF CONTENTS
References.
Tom P. Muchelle a hand book of employee relations
Eugene: Oregon School Study Council, University of Oregon, OSSC Bulletin Series. 27 pages.
ED number not yet assigned.
Marsh and Soulsby (1981) Business Law, fifth education, Bath Press, Avon in Great Britain.
McMahon, Dennis O. "Getting To Yes." Paper presented at the annual conference of the
American Association of School Administrators, New Orleans, LA, February 20-23, 1987. ED
280 188
COURSE EVALUATION
Continuous Assessment/ Work based assignments/ group presentations 30%
Final Exam
70%
Total
100%
By 1939, the total number of employees in Nairobi then represented about 1% of the potential
labour force in the country. The total labour force was at about 5%. However, this tinny % of
wage employees was to constitute a significant force for the employers to reckon with and in
1947, the first major worker employer confrontation took place. The first major trade unionAfrican workers federation formed that same year was responsible for this strike in Mombasa.
This strike was the beginning of militancy that was to continue well into the emergency period
starting in October 1952. The perceived link between Mau Mau and Trade unionism by the
colonial government helping slacken Union activity. The defeat of the armed struggle saw the
revival of unionism and by 1958, among others, the following unions had been registered;
Kenya Shoe and Leather Workers Union, Kenya Engineering Workers Union, Kenya Timber
and Furniture Workers Union, Kenya Electrical Trade Workers Union, Tobacco Brewing and
Bottling Workers Union, Kenya Motor Engineering and Allied Workers Union and Kenya
Quarry and Mine Workers Union.
The issue of recognition of the unions was another matter all together. For instance, the Kenya
Engineering Workers Union was only recognized on 10th June 1960. Recognition by the
employer organisation was and still is, therefore, an important step in the process of establishing
formal union-employer remuneration negotiation channels.
It is significant that in the Agricultural sector, the trade union movement made itself felt fairly
late. It is only in 1959 that the first agricultural workers union sisal and coffee plantations
Workers Union was formed. This was followed by Tea Plantation Workers Union, General
Agricultural Workers Union, Kenya Union of sugar plantation Workers union all coming in
1960. These appeared in the plantations near Nairobi, possibly due to pressure and influence
from the urban movements.
Industrial Relations Development, 1960s 1970s
By the 1960s the industrial relations scene in Kenya had become dominated by foreign
owned commercial and industrial organisations. The employers association (later renamed
federation of Kenya employers) the ACIE (Association of Commercial and Industrial
Employers) felt the need for closely monitoring the development of amicable industrial
relations.
In 1962, the industrial relations charter was signed by the three major actors in Kenyan IR
scene; the Kenya Government, Federation of Kenya Employers and the Kenya Federation of
Labour. The charter was to stem the tide of strikes that had begun in 1961. It was to avoid such
strikes that the charter pointed out that: It is in the National interest for the Government, Management and workers to recognize that
consultation and cooperation on a basic of mutual understanding render an essential
contribution to the efficiency and productivity of an undertaking and that progress can only be
made on a foundation of goods terms and conditions of employment which include security of
service and income, also the improvement of workers conditions of service
The cause of these strikes were as varied as the various employer organisation, but they all
shared the usual grievances; poor supervision, racial connotation in access to higher status
positions and remuneration.
Strikes continued to be occasioned even after the charter more often, employers failed to meet
some of their promised obligations and the new African government was more sympathetic to
the employers cause than to that of the workers, who were being accused of engaging in counter
productive practices.
Workers now felt betrayed by their leaders who had become national political figures, and soon,
the Kenya Federation of labour found itself facing stiff rivalry from the Kenya African Workers
Congress, which claimed to be the real champion of the workers cause.
The government swiftly stepped in to avoid conformations. The end result was the formation of
C.O.T.U (Central Organisation of Trade Union), which though an amalgamation of the two
warring factions took more of the nature of Kenya Federation of Labour in its policies. The
government Employer alliance had now won a major battle against workers.
Through time, the trade union movement in Kenya has continued to be subjected to server
restrictions by the government. The industrial court had been seen as an effective instrument for
meeting out justice. However government activities like through the issuance of wage guideline
has now cast doubts to the courts independence
The Trade Disputes Act, 1965, apart from establishing the Industrial Court introduced into the
Kenyan industrial relations system, complicated procedures before a strike can take place. The
Act and its rules and procedural regulations have tended to minimize the freedom of the
workers in resorting to a strike as a last resort.
The trade union movement though strong in numbers is still weak in terms of influencing key
managerial decisions. The weakness of trade unionism is vindicated by the fact that:
Unions do not provide any form of assistance to their members in the event they set victimized
due to a strike Except far a few unions, membership recruitment is done by the organizing
secretaries and shop-stewards Relatively few unions after any service other than bargaining and
grievance handling to the members Most unions are one-man shows with the general secretary
doing all the bargaining, handling all major grievances, resolving problems in the branches and
so on.
These Union weaknesses are contrasted with the powerful position of the employers. The FKE
provides all sorts of assistance to its employer associations, has great financial strength and
always counts on government support in the event of a strike. The FKE has its own economics
advisers, lawyers and IR experts, who boost the organisations, position vis--vis that of the
workers on the bargaining table.
i.
ii.
IR is dynamic - IR changes with the times. Nothing remains the same forever. IR is no
exception. It is flexible and resonates with the times. It however is not a fad.
The significance of good industrial relations in any country cannot be overemphasized. Good
industrial relations are necessary for various reasons.
Good industrial relation helps in the economic progress of a country. The problem of an
increase in productivity is essentially the problem of maintaining good industrial
relations
Good industrial relations help in establishing and maintaining true industrial democracy,
which is a prerequisite for the establishment of a socialist society
Good industrial relations help management both in the formulation of informed labour
relations policies and their translation into action
Good industrial relations help government in making laws for bidding unfair practices of
unions and employers
Good Industrial relations boosts the discipline and morale of workers. Maintenance of
discipline ensures orderliness, effectiveness and economy in the use of resources
Promote democracy - IR aims at instituting democratic tenets within and outside of the
enterprise. It seeks to ensure promptness in resolving challenges that may arise.
Essentially it aspires to establish and maintain democracy based upon stakeholder
participation.
Avoid conflicts - There are many kinds of conflict. IR aims at ensuring the elimination
of conflict of interest since this has the propensity to distabililise harmonious relations in
the organization. IR also endeavours to ensure functional conflict is encouraged because
it leads to development. What it does not condone is dysfunctional conflict. All forms of
this destructive conflict is avoided. This will culminate in ensuring industrial peace and
better quality of work life.
Improve welfare - IR cannot be skewed towards the organization alone. It must also
focus on increasing employee welfare. IR therefore aims at improving economic and
professional welfare of employees.
1.
A good history is marked by harmonious relationship between management and workers. A bad
history by contrast is characterized by militant strikes and lockouts. Both types of history have a
tendency to perpetuate themselves. But a perpetuating tendency does not mean that a history of
conflict cannot be overcome or that a history of harmony cannot explode into violence
2.
Human needs have a certain priority. Need number one is the basic need for survival. Man
workers because he wants to survive. Hence the economic satisfaction of workers is another
important contributor to good industrial relations.
3.
Identifying the social and psychological urges of workers is an important step in the direction of
building good industrial relations. Man has several other needs besides his physical needs which
should also be given due attention by the employer.
The supportive climate of an organisation is essentially built around social and psychological
rewards. Workers participation in management, job enrichment, suggestion schemes, redressal
of grievances, effective two-way communication are same such social and psychological
rewards.
4.
Off-the-job conditions
Although some employers may occasionally wish that they could employee only a persons skill
or brain, they in fact end up employing a whole person. His home life is not totally separable
from his work life, and his emotional condition is not different from his physical condition.
Hence for good industrial relations, it is not enough that the workers factory life alone should be
taken care of. His off-the-job conditions should be improved.
5.
The most important single condition necessary for good industrial relations is a strong and
enlightened labor movement, which may help to promote the status of labor without
jeopardizing the interests of management. Investigations show unions though talk much of the
employers obligations to the workers, say very little about the workers responsibility to the
employer. Many enlightened unions usually do focus on employee contribution and
responsibility and they have gained both social and economic rewards by this approach. Such
unions exhort workers to produce more, persuade management to pay more, mobilize public
opinion on vital labor issues and help government to enact progressive labor laws.
6.
Well trained and experienced negotiators who are motivated by a desire for industrial peace
create a bargaining atmosphere conducive to the writing of a just and equitable collective
agreement. On the other hand, ignorant, inexperienced, and ill-trained persons fail because they
do not recognize that collective bargaining is a difficult human activity that requires careful
preparation.
7.
When government regulates employee relation, it becomes a third major force determining
industrial relations the fist two being the employer and the union. Governments intervene in
management union relationships by enforcing labor laws and by insisting that the goals of the
whole society take precedence over those of either of the parties. Governments intervene in a
number of ways:
It provides a formalized means to the workers and employers to give emotional release
to their dissatisfaction
8.
Better Education
Industrial workers in developing countries are generally illiterate and are misled by outside
trade union leaders who have their own axe to grind. Better workers education can be a
solution to this problem.
9.
Industrial relations are good when there is boom and prosperity all around. During such periods
levels of employment and wages rise, which make workers happy. But during recession, there is
a decline in employment levels and wages. This makes workers unhappy and mars good
industrial relations.
Causes of Poor IR
i.
Economic causes - Much as the employer or organization may want employees to exercise
in the professional set-up, economic hindrances may prevent this thus culminating in poor
IR. Some of these economic causes of poor IR may include late payment of salaries. When
salaries are paid 2 3 months later than anticipated, IR will be poor thereby leading to
protests and non-performance. Additionally when career avenues are retrogressed, IR
suffers. The lack of providing promotion avenues also contributes to the deterioration of
IR.
ii.
Social causes - Poor IR may be brought about by lack of motivation. When employees are
not sufficiently motivated among other aspects of non-pecuniary activities, IR suffers a
drawback. Employees directly influence the organization as their families. An employees
performance could be affected by the state of his/her family hence the importance for the
organization to cater for social interest of the employee.
iii. Political causes - More often than not, politics takes centre stage in almost every aspect of
life. The organization is certainly no exception. Interference of the state in business will
lead to deterioration of IR. It is bound to trigger rivalry and create groupings which may
result in favoritism, tribalism and non performance. IR will be negatively affected this way.
iv. Organizational causes - Flaws in corporate working lead to misunderstandings thereby
bringing about poor IR for instance, when communication is flawed and non-procedural,
when the organization follows dubious procedures, violates trade agreements etc. in
addition, when automation policies are implemented without consultation and safety and
health issues ignored, IR will definitely be poor. The organization can thus initiate poor IR
advertently or inadvertently.
v.
The above confusion led the colonial government to formulate a document in 1962 to insulate
industrial agitation from political agitation. This document was the Industrial Relation Charter.
It became the mother of industrial relations in Kenya. The charter was revised in 1980.
The charter defines the social contract between the three parties involved in Industrial Relations
the Government of Kenya, the employees and the employers. The charter made provisions for
the RECOGNITION AGREEMENT, which forms the basis of the collective bargaining system.
The three parties started TRIPARTITE.
To affirm the faith of the three parties to democratic principles on labour matters i.e.
differences should be solved through mutual negotiations, conditions and arbitrations.
In case of strikes or lockouts parties agreed to be bound by: - mutual agreements and the
law i.e. the Trade Dispute Act
The three parties agreed to abide by and co-operate in implementing the Collective
Bargaining Agreements (CBAs)
The three parties agreed to form the National Consultative Council to advice the
Minister for labor on all general Industrial Relations Matters.
The NCC was to form a demarcation committee to determine areas of jurisdiction in the
event of conflict by Trade Unions
The charter excluded the following groups of workers from participation in Union
matters: -
PARTIES INVOLVED
These are; the government (Ministry of Labor), COTU (for all employees in unions) and FKE
(for employers)
THE GOVERNMENT
Responsibilities include:
Have joint consultations with COTU and FKE on matters of employee policy and
administration
Ensure no overlaps among registered unions through clear definition of each Union
To display the charter in the offices and ensure that officers comply with it.
EMPLOYER (FKE)
Individuals or groups of employers undertook:
Not to discriminate, malign or coerce any employee because of his union activities
To recognize the ILO Convention No. 98 the right to bargain collectively and to
organize/associate freely.
Not to be irrational be able to distinguish between acts that require dismissal and those
that require other less severe disciplinary action
To let managers and workers know about the charter and give the document publicity.
Ensure the union representatives do not encourage or cause members to engage in union
activities during working hours
Promote a high degree of union membership so that CBA covers a majority of workers.
The document is in recognition of ILO convention number 111, which provides guidance to
social policy on employment. This ILO document calls for:
After elections unions must notify employers of the elected officials at National and
Branch levels and accord these officials proper credentials
Recognition Agreements must state that no employee will be forced to join a particular
union and neither should the employer punish employees for joining a union.
Union activities must be conducted outside working hours unless with permission from
the employer
Employees
Trade Unions
Industrial
Relations.
Employers
Government
Employers
Association
Ombudsman
i.
Labor-management relations - entails the association between the top echelons of the
organization and workers union. It is hence also referred to as labor relations.
ii.
iii. Group relations - refers to the relationship between the various groups of workmen. They
may be subordinates, operatives, foremen, supervisors, technical personnel etc.
iv. Community relations - involves the relationship between the firm and the outside world.
It is otherwise termed as public relations. In other words, it includes the relationship
between the company and society.
v.
vi. Ombudsman - This is an arbitrator. When parties to IR have a contentious issue that
requires attention, an impartial party may be called in to assist in coming up with an
amicable agreement. This party is referred to as ombudsman.
vii. Government - It acts as a regulator. Licenses, rules, laws and policies are formulated and
implemented by it. It seeks to ensure prosperity.
Set up appropriate committee to provide training education and other facilities and enterprise
for the advancement of workers and the labour movement
FUNCTIONS OF COTU
The functions of COTU follow from its objectives. The reader is cautioned not toe confuse
objectives and functions though they may appear to be similar. The major functions of COTU
are:-
GOVERNING COUNCIL
EXECUTIVE BOARD
SECRETARY GENERAL
CHAIRMAN GENERAL
TREASURER
GENERAL
1ST VICE-CHAIRMAN
DEPUTY TREASURER GENERAL
2ND VICE-CHAIRMAN
THREE TRUSTEES
FINANCE
EDUCATION
INDUSTRY
ECO. RE
CO-OPER
AREA OFFICES
UNION
INDUSTRY
Garages and Motor repair shops, tyre retreadres,
Cargo Handling
Kenya
Building
and
Allied
traders
and
Construction
and
Civil
Union
Manufacturers and converters of basic industrial
chemicals, including fertilizers, salts, plastics,
4
Kenya
Engineering
Union
Kenya
Government
Workers Union
Local Authorities
Trade and
Workers Union
Workers Union
Kenya
Quarry
11
Workers Union
12
Kenya
and
Mine
Mining and quarrying industries
National
Union
Fishermen
Kenya
Shoes
and
Leather
13
Workers union
14
Kenya
15
Plantation
and Plantations
Kenya
Petroleum
and
agricultural
except
sugar
16
and
refining,
petroleum
products,
Workers Union
Kenya
Union
of
Sugar
17
Plantation Workers
18
19
20
trades
entertainment
Newspapers,
magazines
and
periodical
publishers
21
Kenya
Union
of
23
24
Kenya Railways
25
Kenya
Union
of
26
Union
of
Posts
Union of Scientific, Research, Scientific, Research and its total labour force
Technical
and
General
Employees (K)
28
companies,
transport
equipment
29
Banking Insurance and Finance Banks, Insurance and other financial institutions
Union
The above is a list of trade unions affiliated to COTU and the type of industry they
represent.
Objectives:
Its principal objects are to:
a) Promote good industrial relations between employers and their employees through
their trade unions;
b) Encourage fair labour practices among the employers;
c) Provide forum for consultation between and among members;
d) Collect, collate and circulate information and statistics and advise members on
their rights and obligations on employment matters
e) Initiate, promote and support legislative measures which are likely to benefit
employers or to promote their interests;
f) Represent, advocate and defend the interest of employers generally.
Membership
Unions mainly depend on membership participation and they must of necessity
include service. FKE membership is open to all employers in both public and private
sectors upon payment of membership fee, an annual subscription and a building levy.
Both the annual subscription and the building levy are based on the number of
employees engaged by the employer.
negotiations. There are several rates for trade associations, religious and charitable
organizations.
Membership is not constant since new members join, others withdraw while others
may be expelled. The four categories of membership are:
Individual Firms and Companies. These are the business organizations which prefer to
negotiate or deal with the trade unions directly. They may or may not have common
industrial or trade interests with other business organizations.
Employer Associations. These are associations registered under the laws as employer
associations but they are affiliated to FKE for purposes of industrial relations. They
have their own constitutions and rules. Some of them receive secretarial services from
FKE and some provide their own secretarial and administrative services.
Statutory Boards. These include parastatal bodies. They negotiate or deal with trade
unions in the same way as any private company and they participate fully in the
affairs of FKE.
Functions of FKE
FKE is the only representative of employers recognized by the Government. Its
functions are:
1. Representation on Tripartite and other Boards. FKE is recognized by the
Government as the employers representative outside the civil service. FKE serves
and represents the interests of employers on the following tripartite boards:
a) The General Wages Advisory Board and other sectoral Wage Councils
b) The National Social Security Fund Advisory Board
c) The National Industrial Training Council and its various committees
d) The Tripartite Committee dealing with Trade Disputes
4. Training. FKE offers training to the staff members and the executives of its
members organizations. This is in line with their belief that training of personnel
is necessary for the promotion of productivity and good industrial relations.
5. Industrial Stability. FKE is one of the social signatories to the Industrial Relations
Charter which is a social contract between the social partners government,
employers and workers.
6. Creation of Employment. FKE has been associated with the tripartite agreements
for temporary relief of unemployment.
7. Dissemination of Information. One of FKEs major functions is to keep its
members well informed of the developments in matters relating to employment,
like changes in labour laws, and the policy decisions which are of interest to them.
TOPIC 4
INDUSTRIAL COURT
The Industrial Court is probably the most important feature of labour relations in
Kenya. The Industrial Court was established under the Trade Disputes Act (Cap 234)
of Laws of Kenya. Until January, 1989, the Court had only one judge, assisted by
members of the Court, however another position for the second judge was created so
as to ease the workload of the court.
The main objective was and still is the settlement of trade disputes which are referred
to it by either parties (employer and employees) or the Minister for Labour when all
other procedures have failed. The Court is empowered to make award (s) to the
aggrieved party of parties. The award is final and there is no provision for appeal; the
decisions are binding.
When making decisions, the Court takes into consideration the national economic
conditions, the financial position of the employers and the existing collective
bargaining agreement.
Presentation of a case to the Court involves the employer represented by the FKE, the
employee(s) represented by a union and the Industrial Court Judge presiding and
assisted by members of the Court. The procedures are different from those found in
the Courts of Law, although order must be maintained. Some of the matters settled
through the Court are wrongful dismissal which leads to reinstatement (not all the
time), salary/wage disputes, redundancy and any other disputes unresolved by
voluntary negotiating machinery so long as they are within the existing CBA. In this
respect, the Industrial Court acts as a bridge between the employer and employees in
settling disputes and ensuring that industrial peace prevails in the county.
The first court was filled with disputes which was making them to take long. This
called for an establishment of a second court.
Functions of I.C.
-
The I.C. adjudicates in Trade Disputes which have complex questions and issues
of economic social & political nature.
Membership/Composition
i)
Judges
- The court consists of 2 judges of the High court appointed by the President
of the Republic of Kenya for a term of not less than 5 yrs.
- The qualifications of the persons appointed are the same as those of High
Court Judges and has also been an advocate of a high court for not less than 7
years.
ii)
Members
The award is final and there is no provision for appeal the decision is
binding.
When making decisions, the court takes into consideration the national
economic conditions, the financial position of the employees and the existing
collective bargaining agreements
Presentation of the case to the court involves the employer represented by the
FKE, the employees represented by a union and the industrial court judge
presiding and assisted by the other members of a court.
The appointments are notified in Kenya Gazette which also states terms for
which such appointments are made
The IC is not part of Kenya Judiciary Court. It is a special court created under
the T.D Act and is entirely from the vote of the minister for labour
The decisions taken by the industrial court are not necessarily based on legal
arguments and technicalities alone. They go beyond the legal rights of the
parties and stretch deeply into the spheres of economic, social human relations
and political necessities which keep changing.
The success and the ad justification of the courts lies in the fact that it is not
too regulastic in awards of decisions.
any other development except to the extend that the court has to take into
consideration wages guidelines issued by the Minister for Finance.
-
The court may regulate its own procedures if it thinks fit on other matters
which may not be covered by rules.
One does not have to be a lawyer to be submitted in this court ie you must be
accredited by your employer or Trade Unions.
ii) The Industrial court operates more or less like any other court with all the
formalities. But it has its own rules which may be stipulated in Legal Notice No.
186 of 1965. However, it should be noted that it has deliberately left out the
swearing on oath practice in order to create a relatively relaxed atmosphere in the
court room.
iii) The disputes referred to the Industrial court must be either through voluntary
signing of Form A by the parties to the dispute or by the Ministers order under
section 8 of the Trade Disputes Act.
-
The court cannot however register any case unless there is a certificate from
the labour commissioner under Form `G and Form `H signed by the Minister
to the effect that the dispute had been reported to the Minister and that the
voluntary settlement machinery had been exhausted.
The rules also provide for the parties to make written submissions.
The court also has powers to sermon witness to appear before it and give
evidence on both or to furnish in writing such particulars as it may require and
produce any relevant documents.
At its discretion the court may admit evidence of affidavit (written statement).
The rules also allow lay down procedures where is a party wishes to appeal to
the IC or against a Ministers decision.
There are rules also covering the interpretation of applications and the
rectification of the clerical mistakes including errors of omissions.
iv) The proceedings to the court are governed by the rules of the court and in
conclusion, the court would give its judgement by way of awards to either of the
parties.
v) Finally, the industrial court has the responsibility to consider and register all the
collective agreement entered into by the unions and employers and similarly, the
objective is to ensure that the wages agreed must be in line with the wage
guidelines.
-
Any collective agreement which has not been registered with the court is
illegal and its implementation is an offence and subject to a fine not exceeding
Kshs1,000/=
Parties are required first to result to their own voluntary laid down machinery
for solving disputes.
The highest forum at the parties own level is usually the central negotiations
council or the Joint Industrial council.
If a deadlock is recorded at this level, then either party is free to report the
existence of a trade dispute to the Minister for labour.
In order to forestall any industrial action either party may report an existing or
apprehended trade disputes to the Minister for Labour. This is more so
especially on essential services such as the Docks, Banks, Fire & Ambulance
services and teaching.
These services are too essential and that is why the Minister is too keen to stop
strikes in these areas.
The IC resolve is final and legally binding and any violation against
In disputes over collective agreement the award of the court becomes effective
from the date it is made. If an employer fails to implement (comply with) an
industrial court award, workers action will not be declared unlawful by
Minister.
For every time you fail to implement courts decision there is a fine of
10,000/= per month or part of the month.
Submissions
-
Once the disputes has been accepted by court, parties appear before the Judge
for the mention of the dispute.
The first appearance is just a mention, then they are given time to put their
submissions in support of a case.
Claimants who are usually Trade Unions are given the final chance then the
respondents usually management provide answers.
When the court makes awards on salaries it ensures that the rewards do not
militate against creation of employment.
-
The court therefore has a very difficult task that calls for people of great
integrity and high moral standards. Thus magistrates who are likely to be
bribed and make the poor suffer are not required.
The court ensures that workers get a share of their sweat by improving their
standard of living, while shareholders expect to earn reasonable return either
on their capital. Therefore the court has to balance between employees and
the shareholders.
The parties are usually required to comply with the following provisions:
i) Each party (within 7 days) sends a memorandum to court (that is after
mention)
a) In the case of workers or trade unions it sets out: the nature and full
particulars of each item of the claim involved; the classes of workers
involved in the dispute (s); such submissions as the claimant party may
wish to make in
Presentations
-
On the hearing date of the dispute the claimants start the hearing by making
their opening submissions both written and verbal.
Parties emphasize on their strong points in their cases and are expected to
highlight and attack the weak points in each others submission
During the opening submissions and final submissions and infact at all times,
parties should be prepared to answer fully any questions directed to them by
the judge.
The party calling the witness leads the evidence and the other party then cross
examines the witness with a view of testing his credibility
After cross examination, the party calling the witness may re-examine the
witness to eliminate any confusion that may have been caused during cross
examination
During re-examination, the party is not allowed to introduce any new point to
previously brought up by witness
The final submissions are made by parties after the evidence has been given
by witnesses
Claimants also sum up their cases then followed by respondents. After the
hearing the count reserves its judgment and the award of the court is
announced in due course on notice generally within four weeks after the
hearing has been concluded
The nature of collective bargaining is that workers do not negotiate individually and on
their own but do so collectively through trade union representatives (officials)
It therefore only takes place where there is a trade union recognized by management
Collective bargaining agreements should aim to provide the basis for maintaining a good
employee relations climate and harmonious relationships with trade unions and
employees generally.
Collective bargaining agreements however, can only function where there is:
i) Willingness by the workers and their trade union officials to be involved.
ii) The power to force the employer to accept negotiations
iii) Willingness by management to accept that decisions affecting workers must be agreed
on between the two parties before they are implemented.
On top of the above, collective bargaining entirely depends on the political climate.
In Kenya collective bargaining has been trilateral for example wage fixing to satisfy the
objectives of management, the union and the government.
If collective bargaining has to be fully effective, a favorable political climate must exist.
The particular government of the day must be convinced of the collective bargainings
positive contribution to industrial peace.
A collective bargaining results into a labor contract, which is written agreement between
the trade union and management.
The contract specifies rules and procedures to be followed by both parties during the
contract period.
Name of the parties (the employer and trade union) duration to be covered by the
agreement, provision for its renewal and signatures of the parties officials.
Working shifts.
managements rights
Collective bargaining includes not only negotiations between the employers and
unions but also includes the process of resolving labor-management conflicts. Thus,
collective bargaining is, essentially, a recognized way of creating a system of
industrial jurisprudence. It acts as a method of introducing civil rights in the industry,
that is, the management should be conducted by rules rather than arbitrary decision
making. It establishes rules which define and restrict the traditional authority
exercised
by
the
management.
Importance to employees
the employees.
The workers feel motivated as they can approach the management on various
matters and bargain for higher benefits.
Importance to employers
1. It becomes easier for the management to resolve issues at the bargaining level
rather than taking up complaints of individual workers.
2. Collective bargaining tends to promote a sense of job security among
employees and thereby tends to reduce the cost of labor turnover to
management.
3. Collective bargaining opens up the channel of communication between the
workers and the management and increases worker participation in decision
making.
4. Collective bargaining plays a vital role in settling and preventing industrial
disputes.
Importance to society
1. Collective bargaining leads to industrial peace in the country
2. It results in establishment of a harmonious industrial climate which supports
which helps the pace of a nations efforts towards economic and social
development since the obstacles to such a development can be reduced
considerably.
3. The discrimination and exploitation of workers is constantly being checked.
4. It provides a method or the regulation of the conditions of employment of those
who are directly concerned about them.
Meaning
A grievance is an alleged violation of the rights of workers on the job. It may occur in one
of several forms:
According to Michael .J. Jucuis, the term grievance means any discontent or
dissatisfaction whether expressed or not and whether valid or not, arising out of anything
connected with the company that an employee thinks, believes or even feels, is unfair, unjust
or inequitable this definition is very broad and covers dissatisfactions which have the
following characteristics:
The discontent must arise out of something connected with the company. Workers may be
dissatisfied because of several reasons, e.g., illness in the family, quarrel with a neighbour,
disliking for the political party in power, and so on. Such outside sources are beyond the
control of the company and, therefore, do not constitute a grievance.
The discontent may be expressed or implied. Expressed grievances are comparatively easy to
recognize and are manifested in several ways, e.g., gossiping, jealousy, active criticism,
argumentation, increased labour turnover, carelessness in the use of tools and materials,
untidy housekeeping, poor workmanship, etc.
An employee may casually remark that it is too hot in the room or that he has been assigned a
job that he does not like. All such casual remarks and grumbling are grievances by
implication. Only for a painstaking and observant supervisor is it possible to discover what is
bothering employees before they themselves are aware of grievances. The personnel
department can be helpful by training supervisors to become proficient in observing
The discontent may be valid, legitimate and rational or untrue and irrational or completely
ludicrous. The point is that when a grievance held by an employee comes to the notice of the
management it cannot usually dismiss it as irrational and untrue. Such grievances also have to
be attended to by the management in the same way, as rational grievances. We should know
that a large part of our behaviour is irrational. This may be largely due to our distorted
perception. Emotional grievances which are based upon sentiments (like love, hatred,
resentment, anger, envy, fear, etc), misconceptions and lack of thinking are examples of our
irrational behaviour. These grievances are the most difficult to handle.
One advantage of giving a widest possible meaning to the term grievance is that the
possibility of the manager overlooking any complaints is very much reduced.
Even those discontents, which have not yet assumed great importance for the complainant
and have therefore not moved into formal procedural channels- such as casual remarks or
grumbling technically called complaints, come within the purview of the grievance
handling machinery of the organization and are removed in the course.
Causes of grievances
The causes of grievances may broadly be classified in the following categories;
Non-availability of proper tools, machines and equipment for doing the job.
Failure to maintain proper discipline (excessive discipline or lack of it, both are
equally harmful)
Leave.
Overtime.
Seniority
Transfer
Over-ambition
Excessive self-esteem
GRIEVANCE PROCEDURE
Machinery for Handling Grievances
Every organization has need for a continuing process of conciliation to facilitate settlement of
controversies and to assure an employee with a grievance that his case will be given a
hearing. One of the important jobs of front-line supervisors is to handle problems with
employees right on the spot to mutual satisfaction of workers and management. Inevitably
grievances will arise that cannot be easily settled by the parties immediately concerned at the
outset. The supervisor himself may be the course of the grievance in the workers mind. For
this reason an organization needs a standing procedure or machinery for orderly redressal of
grievances. The machinery makes provision for appeal up the ladder to top-level
management. In situations where union contracts so provide, grievances not otherwise settled
may be sent to arbitration. Morale is boosted by speedy disposition of grievances handled in
conformance with set procedures.
As shown in the diagram, the front-line supervisor is always accorded the first opportunity to
handle grievances. He is the first rung of the ladder. If the concerned is unionized, a
representative of the union may also join him. This step is very necessary to preserve the
authority of the supervisor over his workers. But all grievances cannot be handled by the
supervisor because many of them involve issues or policies, which are beyond limits of the
authority. There may be some grievances, which he may fail to redress and find solution for.
Hence provision is made for a second step in handling grievances. The second step may be
the personnel officer himself or some middle-level line executive. If the concern is unionized,
some higher personnel in the union hierarchy may join him. It should, however, be
remembered that by injecting the personnel officer into the procedure at this step and by
giving him authority to overrule and reserve the decision of the supervisor the fundamental
principle of line and staff relation is violated.
A third step is constituted by the top management to handle grievances involving company
wide issues. In this step the top union representatives join. The redressal of grievance
becomes complex and difficult because by now they acquire political hues and colours. If the
grievance has not been settled by top management and top union leadership then in the fourth
and final step it may be referred to an impartial outside person called an arbitrator. The two
possibilities are that the issue may be temporarily or permanently dropped or the workers
may go on strike.
Arbitration
IV
Step
FAILURE
Top Management
III
Step
Middle Management
Top Union
leaders
II
Step
I Step
Union representative
Aggrieved employee
This policy is workable only in small organisations. In big organizations where management by
exception is practiced; the top management does not have the time to innumerable routine
grievances daily, which is the work of lower-level managers.
Under this policy the front-line supervisor who should be the first man to know about the
grievances of his sub-ordinates is bypassed. This provokes him in two ways:
First, he thinks the man who skipped him is disrespectful. Secondly, he fears that he will incur
his superiors displeasure because this will be interpreted by the superior as his failure to
handle his sub-ordinates.
By following an open-door policy the top management cannot have adequate clues to assess
supervisors skill in handling grievances. It does not know what action, if any; the supervisor
would have taken to resolve a grievance.
Top management is likely to be too unfamiliar with the work situation in which the grievances
developed to be able to correctly evaluate the information that it gets. There may be several
levels of management between the operative employee and the top executive of a company.
Theoretically, each level affords an equal opportunity for distortion, fading and delay of certain
facts on which a complaint may be based.
Though the door of the executives office remains physically open, psychological and social
barriers prevent employees from actually entering it. Some employees hesitate to be singled
out as having a grievance. Others are afraid they will incur their supervisors disfavour.
Sometimes an open-door policy is used to hide the top managements own hesitation to make
contacts with the operatives and the open door is often a sign to conceal closed minds.
The way an open-door can be most effective is for a manager to walk through it and get out
among his people. The open door is for managers to walk through, not employees. The true test
of such a policy is whether the top man behind the door has an open-door attitude and his
employees psychologically free to enter.
Training. In order to ensure effective working of the grievance procedure it is necessary that
supervisors and the union representatives are given training in grievance handling.
A good grievance procedure attacks problems as they arise; excellent grievance procedure
anticipates them and prevents them from occurring. A manager can know about the simmerings
even before they turn into actual grievances through several means such as opinion surveys,
open door policy, suggestion schemes and exit interviews.
It brings human problems into the open so that the management can learn about them and
try corrective action.
particular situation, he feels better because he knows the system is there to use if he wants
to do so. It builds within him a sense of emotional security.
It helps in establishing and maintaining a work culture or way of life. As problems one
interpreted in the grievance procedure, the group learns how it is expected to respond to the
policies that have been set up.
It acts as a check upon arbitrary and capricious management action. When a manager
knows that his actions are subject to challenge and review in a grievance he becomes more
careful in taking decisions.
What is industry?
Industry means any systematic activity carried on by co-operation between an employer and his
workmen (whether such workmen are employed by such employer directly or through any
agency, including a contractor) for production, supply, or distribution of goods or services with
a view to satisfy human wants or wishes whether or not
Any capital has been invested for the purpose of carrying on such activity; or
Industrial dispute.
An industrial dispute means any dispute or difference between employers and employers or
between employers and workmen, or between workmen and workmen, which is connected with
the employment or non-employment or the terms of employment or with the conditions of
labour, of any person.
The use of the adjective industrial in the term industrial dispute relates the dispute
to an industry.
Only specific types of disputes, i.e., those which bear upon the relationship of
employers and workers and the terms of employment and conditions of labour are
included under the term. Thus, disputes between government and an industrial
establishment or between workmen and non-workmen are not industrial disputes.
The use of plural number for the disputant parties in the definition raises doubt on
whether there can be an industrial dispute between an employer and an individual
workman. An individual dispute is considered an industrial dispute only if it relates to
discharge, dismissal, retrenchment or termination of a workers services.
CAUSES OF DISPUTES
Disputes arise from a variety of causes including wages and allowances, bonuses,
redundancies, leave and hours of work, indiscipline and violence etc. The most common cause
of all industrial disputes has been wages and allowances followed by personnel matters and
retrenchment.
Forms of Disputes
Strikes and lockouts are the most common forms of organized protests followed by the workers
and employers against each other. Both these forms produce highly disquieting effects on the
economic life of the country. They leave behind a lot of privation for the workers, reduction in
output and profits for industries, high prices and inconvenience for the general public and an
atmosphere of mutual distrust and suspicion for the workers and the employers. The nation as a
whole suffers in as much as the national dividend gets reduced owing to reduced production.
Strike means a cessation of work by a body of persons employed in any industry acting in
combination, or a concerted refusal under a common understanding of any number of persons
who are or have been so employed to continue to work or to accept employment
Thus, the essential ingredients of a strike are:
There should be an industry in which the striking persons should be employed.
There should be stoppage of work in pursuance to a concerted plan in combination. Where the
workers absent together from the work-place not to stop work but to participate in a
demonstration which may incidentally result in the stoppage of work it is not a strike because it
is not in pursuance to a concerted plan.
There should be a contract of employment between the striking workmen and the industry.
Thus when the workmen refuse to do additional work which the employer in law has no right to
ask them to do it would not amount to strike. It should be remembered that the duration of the
cessation of work is absolutely irrelevant for the purpose of determining whether a particular
cessation amounts to strike or not.
The cessation of work need not necessarily be connected with an industrial dispute to amount
to a strike. For this reason, sympathetic strikes, protest strikes, etc are strikes within the
meaning of the term.
Forms of Strikes.
Cessation of work may take place in a number of ways as described below:
Stay-in-strike, sit-down strike, pen-down strike or tool-down strike. All these forms of strike
are considered by courts as an invasion on the rights of employer and therefore illegal. Sitdown or stay-in strike amounts to trespass upon the property of the employer.
Go-slow. Slowing down the pace of production is one of the most pernicious practices that
discontented workmen sometime resort to. It would not be far wrong to call this dishonest. For,
while thus delaying production and thereby reducing the output, the workmen claim to have
remained employed and thus to be entitled to full wages. Apart form this also, go-slow is
likely to be much more harmful than total cessation of work by strike. For, while during a strike
much of the machinery can be fully turned off, during the go-slow, the machinery is kept
going on a reduced speed which is often extremely damaging to machinery parts. For all these
reasons go-slow has always been considered a serious type of misconduct. But it is not a
strike because at no time is the work stopped in this form.
Hunger strike. Hunger strike is a strike with fasting with some or all strikers or even outsiders
for acceptance of the demands.
Lightning or wildcat strike. A wildcat strike is an unofficial strike, i.e., strike not sanctioned by
the union. Such strikes occasionally occur in violation of no-strike pledge in collective
bargaining agreements. In such a situation the union is obligated to use its best efforts to end
the strike. Such strikes are prohibited in public utility services.
Lock out. Lock out is the temporary closing of a place of employment or the suspension of
work, or the refusal by an employer to continue to employ any number of persons employed by
him. Lock out, thus, is the counterpart of strike-the corresponding weapon in the hands of the
employer to resist the collective demands of workmen or to enforce his terms.
Strikes and lock-outs and the threat of strikes and lock-outs are said to be necessary to make the
collective bargaining process work. The pressure of strikes and lock-outs compels both sides
toward agreement. Nonetheless, strikes and lock-outs cause inconvenience for those involved
and often for the public as well. They also sometimes disrupt public peace. Hence they have
often been subject of legal regulation.
Those which are illegal from the time of their commencement; and
Those which are not illegal at the time of commencement but become illegal
subsequently.
Employer
Machinery can also get damaged due to work stoppage lasting long
Financial obligations may not be met especially when using credit facilities.
Employee
Failure to meet financial obligations for self, family and other dependants.
On a positive note, may lead to better remuneration where Trade Union succeeds.
Government
Consumers
Foreign reserves.
Trade unions provide workers with a collective voice to mark their wishes known to
management and thus bring actual and desired conditions closer together.
Trade unions exist to let management know that there will be, from time to time, an alternative
view on key issues affecting employee. Unions see their role as that of participating with
management on decision-making on maters affecting their interests.
Unions therefore work to secure through collective bargaining improved terms and conditions for
their members and also provide protection, support and advice to their members as individual
employees. Trade union success depends on members participation both as individuals and as
groups.
Over the years, trade union objectives have widened and have been influenced by economic,
political and social systems. The following have been found to also be part of the union
objectives.
Secure for the workers fairer wages in the light of the cost of living and prevailing
standards
Improve the workers working conditions by securing shorter working hours, better
working facilities and other welfare benefits.
Ensure the workers job security by resisting retrenchment and any other victimization
likely to harm them
Protect the larger interest of society by aiding in the improvement of trade and industry
Provide a medium through which workers interest and grievance can be expressed
When a substantial number of employees are members of trade unions the effects on the
management of a company are that:
Decision making may become centralized so that a unified company industrial relations
policy can be formulated and practiced
The management may be required to give certain information about the company to
union representatives
The reasons why individual workers refuse or avoid joining trade unions may include:
The belief that some benefits will be gotten since the CBA covers all workers in the same
grades
Individual beliefs/convictions.
Although some trade union leaders are dedicated to the movement, others may seek the
satisfaction of leadership or the opportunity to gain status, recognition and freedom from tight
supervisory control.
The affairs of a trade union are run by elected union officials. The chief Executive is the
secretary General who is elected by all the union members. The secretary general supervisors the
full-time officials, controls service facilities and pursues the policies derived upon by union
members.
The part time voluntary official who is elected to be a branch officer of his union
At their place of work, workers are represented by a shop steward. This s an employee of the
firm, but who acts on behalf of a group of his fellow employees. The shop steward is expected to
perform a full days work as the other company workers and gets his orders and instructions
from the supervisors in-charge of the members he represents.
The shop steward is the daily contact between union members and management and is expected
to represent both the members interest and the union policy to management.
36 | P a g e
A steward is charged with the responsibility of recruiting new members. In the earlier days,
stewards used to collect union dues for the union, but this is no more. A check-off system now
allows the employer to remit union dues directly. The stewards also pursue grievances with
management and union officials. Large organisations with many stewards have a chief steward
elected from among the shop stewards to be their overall representative to both management and
union.
Shop stewards powers are constrained by various company and trade unions rules. The degree of
power they hold depends on several factors including:
Statutory provisions
Shop stewards are less powerful if the labour market is plentiful, but have greater influence in
conditions of skills shortage.
Where wages depend heavily on incentive payments, worked out locally, the stewards will be
involved in negotiating pay-putting him in a strong bargaining position. However, if people are
paid annually on an incremental scale, then the stewards have no influence on pay. The stewards
also depend on their constituents for support if available their position is strong, but if missing,
their position is weakened considerably.
37 | P a g e
Crafts
Industrial
General
Occupational of non-manual
CRAFT UNIONS
They consist of skilled workers who pursue the same craft. Originally, such unions were
exclusively for those skilled workers who had acquired their skills through traditional
apprenticeship e.g. carpenters, masons etc. they are the typical closed-shop trade unions
INDUSTRIAL UNIONS
These are organized in a particular industry, irrespective of craft, trade, occupational skill or
grade of the members.
GENERAL UNIONS
These bring together all categories of workers across a range of industries regardless of craft,
industry or occupation. They are mostly for those occupations, which cannot be easily defined as
either craft or industrial.
1.
2.
TASK
Generate a list of 10 trade unions in the Country and categories them by type.
Discuss the achievements of the labour movement in Kenya in view of what has been
identified as the principle objectives of trade unions
38 | P a g e
The former include those welfare efforts of unions, which are made within the factory premises
(e.g., improvement in working conditions, regulation of hours of work, provision of rest pauses,
adequate wages, sanitation, safety, etc). The latter include those welfare efforts of unions, which
are made outside the factory premises (e.g., provision of educational, recreational and housing
facilities to workers).
We list below the various functions of a trade union under these four heads:
39 | P a g e
To' safeguard workers against all sorts of exploitation by, political parties by the employer
and by the union leaders.
To protect workers from the atrocities and unfair labour practices of the management.
To ensure healthy, safe and conducive working conditions, and adequate conditions of work.
To exert pressure for enhancement of rewards associated with the work only after making a
realistic assessment of its practical implications.
To remove the dissatisfaction and redress the day-to-day grievances and complaints of
workers.
To impress upon workers the need to exercise restraint in the use of rights and to enforce
them after realistically ascertaining their practical implications.
To stress the significance of settling disputes through negotiation, joint consultation and
voluntary arbitration, and not through adjudication.
To raise the status of trade union members in the industrial organisation and in the society at
large.
To formulate policies and plans consistent with those of the industrial organisation and
society at large
To improve the network of communication between trade union and its members.
To eradicate various types of 'isms' like tribalism, regionalism and linguism within the trade
union movement.
To save the union organisation from the exploitation by vested interests-personal and
political interests.
40 | P a g e
To continuously review the relevance of union objectives in the context of social change, and
to change them accordingly.
To continuously review the relevance of union objectives in the context of social change, and
to change them accordingly.
To Publicise the trade union objectives and functions, to know people's reaction towards
them, and to make necessary modifications
To create opportunities for workers' to participate in management and strengthen labourmanagement co-operation.
To promote dialogue and amicable relationships between the workers and the management
by settling disputes through negotiation, joint consultation and voluntary arbitration, and by
avoiding litigation.
To create favourable attitude the management towards trade unions and improve their status
in industrial organisation.
To put pressure on the employer to enforce legislative provisions beneficial to the workers, to
share the profits equitably, and to keep away from various types of unfair labour practices.
To impress upon the management on the need to adopt reformative, and not punitive,
approach towards workers' faults.
mobilize
To create public opinion favourable to trade unions and there by raise their status.
To launch special campaigns against the social evils of corruption, nepotism, communalism,
tribalism, regionalism, price-rise hoarding, black marketing, smuggling, sex inequality,
illiteracy, dirt and disease
Imposition of colonialism
ii)
Land alienation
iii)
iv)
v)
1895 1938:
In 1895, the British Government decided to build the Uganda Railway from Mombasa to Kasese
in Uganda based mainly in commercial and political reasons.
During the same period, the British government was advised to encourage white
settlement in Kenya based on its climate, fertile land and abundant labour. Africans were
removed from their original land to give way for white settlement.
The construction of the Railway and white settlement required abundant labour, which
was in short supply because African were reluctant to provide it. In order to resolve this
42 | P a g e
labour problems, the British government introduced in Kenya in 1896 the Indian Labour .
In 1901, hut tax ordinance and nature registration ordinance were passed.
Hut ordinance was deliberately introduced and enforced to make an adult African pay his
hut taxing rupees while the nature ordinance was used to control and count the number
of African adult labour available.
In 1992, agitation against the colonial government was so tense that the government
decided to arrest and detain Harry Thuku who was the leader of the young Kikuyu
Association and his detention was followed by a strike in Nairobi.
Between 1922 & 1930 there were consultations sent to probe land and labour problems.
It encouraged colonial Government to pass for the first time the colony trade union and
trade dispute ordinances of 1937.
Despite the passing of the ordinance organizing and recruitment was difficult because of
colonial government, employers and white settlers, hostilities against trade unionism.
Trade union leaders were harassed victimized and threatened with deportation by
criminal authorities.
In 1938, the labour Trade Union of Kenya (LTUK) organized a big conference on
workmens
compensation in order to suggest clauses in favour of workers.
43 | P a g e
In 1939 the Labour Trade Union of Kenya was renamed Labour Trade Union of East
Africa (LTUEA) so as to represent those from Tanganyika and Uganda. The LTUEA
also organized trade union courses in Kiswahili and English.
(1939 1952): Trade union activities continued during the war period including:
i)
ii)
The first African Eliud Mathuu entered the legislature council in 1944
iii)
The formation of Kenyas Study Union (KSU) in 1946 later renamed as Kenya
African Union (KAU).
In 1947, the British Government brought in a colonial labour officer who was charged
with the responsibility to advice the local trade unions in organizing, bargaining and
grievance handling.
During the same period there was a general strike of 15000 members in Mombasa. It was
organized by African Workers Federation (AWF).
In 1895 at a place called Ribe in Mazeras at the Coast Province, African workers who
were employed by the church mission of East Africa formed as workers organization .
It recruited workers from the mission in Ribe. Some of its demand were to improve the
conditions of the workers and assist in individual grievances.
Other trade unions formed in 1947 were African Taxi Drivers Union (ATDU) later
renamed as Kenya African Road Transport and Mechanic Union. (KARTMU).
Others include Kenya Houseboys Association Tailors and Garments Workers Union,
Night Watchman Association and African Press Workers Association..
In 1949, Makhan Singh and other Africa trade unionists formed the East African Trade
Union congress.
44 | P a g e
By the end of 1949, the East African trade union congress had brought together the wings
of the labour movement in Kenya.
Various trade unions and political agitation took place in 1950-1952, the government declared a
state of emergency banning all political activities including Kenya African Union. It arrested
and detained most political leaders.
1952-1965: In 1952, six trade unions formed the first African dominated National centre of trade
unions namely: The Kenya Federation of Registered Trade Unions (KFRTU). These were:
i)
ii)
iii)
iv)
v)
vi)
The Kenya Federation of Registered Trade Union wads affiliated to Brussels based International
Confederation of Free Trade Union. In 1955 the KFRTU was renamed as Kenya Federation of
Labour (KFL)
In 1960, a constitutional conference took place in London. In 1962 Kenya was granted internal
self-government and Tom Mboya became the Labour Minister.
In 1963, Kenya became independent and the role of trade union had to be redefined in an
independent Kenya.
Internal disagreement led to a split in the organization leading to the formation of another
Revival National center of Trade Unions which was called Kenya African Workers Congress
(KAWC). The four National Trade unions which formed the KAWC were:
i)
ii)
iii)
iv)
The two National Centers Rivalism led to a scuffle, which left three persons dead in Mombasa in
1965. The government intervened by appointing presidential Ministerial Committee of trade
unions. The committee made their recommendations in line with the government sessional paper
on African socialism and its application No. 10 of 1965. The recommendations were as follows:
i)
ii)
The committees recommendations were implemented. From 1965 to 1981 the Central
Organization of Trade Unions held five elections.
The second person who became the secretary general of COTU was James Dennis Akumu who
later became the secretary general in 1975 of the Pan African Trade Union Center. (The
Organization of African Trade Union Unity OATUU)
At the organizations forth coming meeting in 1975, Juma Boy who had taken over as the
secretary General form Denis Akumu faced a strong opposition from James Karebe who was the
secretary General of Kenya Local Government Union. Karebe finally lost to Juma Boy.
At one time, Karebe formed rival National center of trade unions called Federation of United
Trade Unions (FUTU) but it was not registered by the government. The disagreement between
FUTU and COTU was based on the representation of National Unions at COTU governing
council meeting. In 1980 the COTUs constitution was amended with those amendments
registered by the government, Karebe fought to take over from Juma Boy but he lost again. The
current COTU Secretary general Francis Atwoli.
Juma Boy.
46 | P a g e
Many organizations have failed to align workers goals with those of the organization.
47 | P a g e
A changing attitude towards employment. For many work isnt their central life interest
and hence the desire to conscientiously be in their jobs regularly is not of primary
importance.
b) On the Job-Behaviours
For example insubordination, fighting, carelessness, abuse of alcohol and drugs etc. The
above represent clear violations of an organization acceptable standards of behaviour.
Thus corrective action should be taken immediately.
c) Dishonesty
For example theft, falsified information (lies).
d) Outside
-
These are activities that employees engage outside of their work but which either affect
their on-the job performance. For example, unauthorized strike activity, having ones
wages garnished, outside criminal activities.
Disciplinary Actions
Disciplinary generally follows a typical sequence of four steps:
a) Oral warning this is the mildest form of discipline. This reprimand is best achieved if
completed in a private and informal environment. The manager should begin by clearly
informing the employee of the rule that has been violated and the problem the infraction
has caused.
i) After the problem and the implications arising thereof have been made clear by the
Manager, the employee should be given a change to respond giving emphasis to; is she
aware of the problem? Are there extenuating circumstances that justify her behaviour?
What does she plan to do to correct her behaviour?
ii) The Manager must determine if the employee has proposed an adequate solution
to the problem.
iii) If this hasnt been done, then the Manager will need to consider direct the discussion
toward helping the subordinate figure out ways to prevent the trouble from recurring.
iv) Once a solution has been agreed upon the Manager should ensure that the employee
understands what if any follow-up action will be taken if the problem recurs.
v) If the oral warning is effective, further official disciplinary action can be avoided.
vi) If the employee fails to improve, the manager will need to consider more severe
action. A final point on the oral warning: its good idea to make a temporary record of
this reprimand and place it in the employee file.
vii) It should state the purpose, date and outcome of the interview with the employee.
Once the employee has demonstrated that she has corrected the problem the record of the
oral reprimand can be removed from the file.
b) Written Warning
-
49 | P a g e
In effect, its first formal stage of discipline procedure since written warning becomes part
of the employees official file. This is relieved by not only giving the warning to the
employee, but sending a copy to the personnel department to be inserted in the employees
permanent record.
The employee is advised of the violation, its effect and potential consequences of future
violations. The only difference with the oral warning procedure is that the discussion
concludes with the employee being told that written warning will be issued.
Then the manager writes up the warning stating the problem the rule that has been
violated, any acknowledgement by employee to correct her behaviour and the
consequence from a recurrence of the deviant behaviour.
c) Suspension
-
This is the next step taken only if the prior steps have been implemented without the
desired outcome.
Exceptions where suspension is given without any prior written warning. Occasionally
occur if the problem is of a serious nature.
A suspension may be for one day or several weeks. Disciplinary layoffs in excess of a
month are rare.
Some organizations skip this step completely because it can have negative consequences
for both the company and employee.
The suspended employee may return in a more unpleasant and negative frame of mind
than layoff.
However, a short lay off, without pay has the potential to be a rude awakening to problem
employees.
It may convince them that management is serious and shock them back to accepting
responsibility for following the organizations rules.
d) Demotion
-
If suspension hasnt been effective and management wants to strongly avoid dismissing
the problematic employees demotion may be an alternative demotion.
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Its not commonly used because it tends to demoralize the employee but her co-worker as
well.
In such instances, emotion is a loud message that the employee will have to shape up
radically if she wants her old job back and that management has no intention of letting
her get away with chronic abuses of the organizations rules.
e) Paycut
-
This approach usually has a demoralizing effect on the employee, but it has been
suggested as a rational action by management if only other alternative is dismissed.
From the managements perspective dismissal means losing the individuals experience
and background.
A replacement will be hired in at a lower salary, but has to be trained to do the job.
If the problem employee alters her behaviour, then pay cut can always be reinstated.
f) Dismissal
-
Dismissal should be used only for the most serious offences. Yet, it may be the only
feasible alternative when an employees behaviour is so bad as to seriously interfere with
a department or the organisation operation.
Being fired from a job is an emotional trauma. Thus, the management should consider
the possibility that a dismissed employee will take legal action to fight the decision.
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Where employee belong to a union, there will be a collective bargaining agreement. This
agreement among other things, will outline rules governing the behaviour of union
members.
Itll also identify disciplinary procedures and clarify the steps members are to follow if
they believe that they are receiving arbitrary or unfair treatment.
Most collective bargaining agreements stipulate that employees can only be disciplined
for `just cause and provide a grievance procedure and opportunities for third party
arbitration if employees believe theyre wronged.
Disciplining a unionized employee thus tends to be a more formal than the disciplinary of
non-union employees.
b) Professional Employees
-
They are more difficult to replace if dismissed and can discredit the organization with
competitors, suppliers, customers, government agencies or other constituencies.
Thus, management must take greater care in disciplining professional employees than it
might take with non-unionised operative employees.
They may explain the replacement of traditional dismissal actions with the practice of
declining and offering outplacement services.
Declining seeks to get the employee to voluntarily quit. If the employee isnt performing
adequately and corrective, attempts have proved unsuccessful, management can begin
sending out clues that the professional services are no longer needed.
Excluding the employee from important meetings, by passing her on key memos and
reassigning her to boring and unchallenging tasks are examples of actions that should
convey the message.
If theyre successful, the employee finds another job and gives her notice.
Outplacement counseling is usually provided to the professional by her employers for the
purposes of assisting him in marketing his services (designing & updating ones resume,
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References.
Eugene: Oregon School Study Council, University of Oregon, OSSC Bulletin Series. 27 pages.
ED number not yet assigned.
Marsh and Soulsby (1981) Business Law, fifth education, Bath Press, Avon in Great Britain.
McMahon, Dennis O. "Getting To Yes." Paper presented at the annual conference of the
American Association of School Administrators, New Orleans, LA, February 20-23, 1987. ED
280 188
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