8122 Cap.227.

) Labour Disputes (Arbitration and Settlement) Act

CHAPTER227

THE LABOUR DISPUTES (ARBITRATION AND

SETTLEMENT) ACT

Arrangement of Sections

Section
PART I-INTERPRETATION

1. Interpretation

PART II-DISPUTE RESOLUTION AND SETTLEMENT

2. Labour disputes to be referred to labour officer

3. Labour officer to react to report oflabour dispute within two weeks
4. When labour officer may refer dispute to Industrial Court
5. Reference to conciliation and arbitration agreement

Industrial Court

6. Establishment of Industrial Court

7. Official seal
8. Functions of Industrial Court
9. Arbitration and Conciliation Act not to apply
10. Composition oflndustrial Court
11. Terms and conditions of appointment
12. Constitution of Industrial Court
13. Termination of appointment
14. Registrar of Industrial Court and support staff

Decisions and awards ofIndustrial Court

15. Decisions and awards oflndustrial court

16. Awards to be submitted to Minister
17. Enforcement of awards or decisions of Industrial Court
18. Interpretation and review of awards
19. Industrial Court not to be bound by rules of evidence
20. Restriction on publication of evidence
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8123

21. Legal representation in Industrial Court

22. Sittings of Industrial Court may be public or in private
23. Appeals from Industrial Court
24. Party to recognition or procedural agreement may initiate
discussion
25. Powers of labour officer

Board of inquiry

26. Appointment of and reference to board of inquiry

27. Report of board of inquiry
28. Parties' refusal to comply with recommendations of report

Industrial action

29. Unlawful industrial action

30. Unlawful organisation of industrial action
31. Employee's right to participate in industrial action
32. Picketing
33. Acts of intimidation or annoyance

PART III-ESSENTIAL SERVICES

34. Essential services

35. Lawful industrial action in essential services
36. Information about essential services
37. Designation of essential services
38. Prosecutions

PART IV-COLLECTIVE AGREEMENTS

39. Collective agreement to be registered

40. Terms ofcollective agreement to be part ofcontract ofemployment

PART V-MISCELLANEOUS

41. Rules of procedure for Industrial Court

42. Remuneration, allowances and other expenses
43. Regulations
44. Power to amend Schedules
8124 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

SCHEDULES

Schedule 1 Currency Point

Schedule 2 Essential Services

Labour Disputes (Arbitration and Settlement) Act [Cap.227. 8125

CHAPTER227

THE LABOUR DISPUTES (ARBITRATION AND

SETTLEMENT) ACT

Commencement: 7 August, 2006

An Act to provi de for the law relating to industrial relations and for
related matters.

PART I-INTERPRETATION

1. Interpretation

In this Act, unless the context otherwise requires-

"award" means an award made by the Industrial Court in the exercise
of its arbitral jurisdiction under section 15;
"Board" means the Labour Advisory Board established under the
Employment Act;
"board of inquiry" means a board of inquiry appointed under section
26;
"breach" means, in relation to a worker's contract of service, to commit
any act or make any omission which amounts to a breach of the
contract of service under which the worker is employed;
"collective agreement" means a written agreement relating to terms
and conditions of employment concluded between one or more
labour unions and one or more employers, or between one or
more labour unions and one or more employers' organisations;
"Commissioner" means the Commissioner for Labour;
"contract of service" means any contract, written or oral, where a
person agrees to perform work fo r an employer in return for
remuneration, and includes a contract of apprenticeship;
"contract of apprenticeship" means a contract of service where there
lS-
(a) an obligation on the employer to take all reasonable
steps to ensure that an employee is taught, and acquires
the knowledge and skills of an industry by means of
practical training received in the course of the employee's
employment; and
8126 Cap. 227.) Labour Disputes (Arbitration and Settlement) Act

(b) a provision for formal rec ognition of the fac t that an

employee has acquired the knowledge and skills intended to be
acquired when the employee does so;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"dispute" means a labour dispute;
"employee" means any person who enters into a contract of service or
an apprenticeship contract, including without limitation, a person who
is employed by or for the Government of Uganda, a local
government or a parastatal organisation, but does not include a
member of the Uganda Peoples' Defence Forces;
"employer" means a person or group of persons, including a company,
a corporation, a public, regional or local authority, a governing body
of an unincorporated association, a partnership, parastatal
organisation or any other institution or organisation and
includes-
(a) the Government of Uganda and a local government for whom or for
which an employee works or worked or normally worked or sought to
work, under a contract of service;
(b) an heir, successor, assignee and transferor of any person or
group of persons for whom an employee works, worked, or
normally works;
"employers' organisation" means a group of employers, the principal
object of which is, under its constitution, the regulation of
relations between employers and employees, between employers and
representatives of the employees or between employers and
employers for the purpose of representing employers' interests;
"essential service" means any of the services specified in Schedule 2
to this Act;
"Industrial Court" means the Court established under section 6;
"industrial action" means a strike or lockout;
"judge" means a Judge of the Industrial Court;
"labour dispute" means any dispute or difference between an employer
or employers and an employee or employees, or a dispute
between employees or between labour unions, connected with
employment or non-employment, terms of employment, the
conditions of labour of any person or of the economic and social
interests of a worker or workers;
"labour offic er" means the Commissioner for Labour and a district
labour officer as the case may be and includes an assistant labour
officer;
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8127

"labour union" means an organisation created by employees the

principal objects of which are, under its constitution, the regulation
of the relations between employees and employers or
between employees and employees, for the purpose of
representing the rights and interests of employees;
"lockout" means the closing of a place of employment, the suspension
of work, or the refusal by an employer to continue to employ or
to re-engage any person employed by him or her in consequence
of a dispute, done with a view to compelling that person, or to
aid another employer in compelling any person employed by
that other employer to accept certain terms or conditions of
employment which affect the employment;
"Minister" means the Minister responsible for labour matters;
"national disaster" means an occurrence inflicting widespread
destruction and distress on the life, personal safety or health,
industry, property, livelihood or other human interest of
the whole or part of the population;
"procedural agreement" means a collective agreement which sets out
a dispute resolution procedure;
"recognition agreement" means an agreement by an employer to
recognise a labour union for the purposes of collective bargaining
or for any other purpose;
"Registrar of Labour Unions" means the Registrar of Labour Unions
appointed under the Labour Unions Act;
"strike" means the cessation of work by a body of persons employed in
any trade or industry, acting in combination or concerted
refusal, or a refusal under a common understanding of any
number of persons who are or have been employed, to
continue to work or to accept employment and includes any
interruption or slowing down of work by a number of persons
employed in any trade or industry or undertaking, including any
action commonly known as a "sit-down strike", or a "go-slow".

PART II-DISPUTE RESOLUTION AND SETTLEMENT

2. Labour disputes to be referred to labour officer

(1) Subject to subsection (2), a labour dispute, whether existing or

apprehended, may be reported, in writing, to a labour officer, by a party to the
8128 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

dispute in such form and containing such particulars as may be prescribed by

regulations made under this Act.

(2) A labour dispute, whether existing or apprehended, may only

be reported to the Commissioner if it is, or is likely to become a national
disaster.

(3) The Commissioner may, on his or her own motion, take

responsibility for any labour dispute reported to a labour officer where the
Commissioner has reasonable grounds to believe that the labour dispute is, or
is likely to become a national disaster.

(4) A person making a report of a labour dispute under subsection (1) shall
send a copy of the report immediately to the other party to the dispute.

3. Labour officer to react to report of labour dispute within two weeks

A labour officer shall, within two weeks after receipt of the report made under
section 2(1), deal with the report in any one or more of the following ways-
(a) meet with the parties and endeavour to conciliate and resolve
the dispute;
(b) appoint a conciliator to conciliate the parties in dispute and
inform the parties, in writing, of the appointment;
(c) refer the dispute back to the parties with comments and proposals
to the parties of the terms upon which a settlement of the labour
dispute may be negotiated;
(d) reject the report and inform the parties according ly, stating the
reasons for rejecting the report, having regard to-
(i) the insufficiency of the particulars set out in the report, or
the nature of the report;
(ii) the insufficiency of the endeavours made by the parties to
achieve a settlement of the dispute; or
(iii) any other matter which the labour officer considers to be
relevant in the circumstances;
(e) inform the parties to the dispute that the report comprises matters
which cannot be dealt with under this Act.

4. When labour officer may refer dispute to Industrial Court

(1) If, four weeks after receipt of a labour dispute-

Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8129

(a) the dispute has not been resolved in the manner set out in section
3(a) or (c); or
(b) a conciliator appointed under section 3(b) considers that there is
no likelihood of reaching any agreement,
the labour officer shall, at the request of any party to the dispute, and subject
to section 5, refer the dispute to the Industrial Court.

(2) Notwithstanding subsection (1), the period of conciliation may

be extended by a period of two weeks, with the consent of the parties.

(3) Where a labour dispute reported to a labour officer is not

referred to the Industrial Court within eight weeks from the time the report
is made, any of the parties or both the parties to the dispute may refer the
dispute to the Industrial Court.

5. Reference to conciliation and arbitration agreement

Where there are any arrangements for settlement by conciliation or arbitration

in a trade or industry, between a labour union and one or more employers or
between one or more labour unions and one or more employers' organisations,
the labour officer shall not refer the matter to the Industrial Court but shall
ensure that the parties follow the procedures for settling the dispute laid out
in the conciliation or arbitration agreement, which apply to the dispute.

Industrial Court

6. Establishment of Industrial Court

(1) There is established an Industrial Court.

(2) The Industrial Court may circuit as frequently as circumstances

may make it necessary.

7. Official seal

(1) The Industrial Court shall have a seal which shall be judicially
noticed.

(2) The Head Judge shall be the custodian of the seal of the Industrial
Court and may-
8130 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

(a) assign the custody of the seal or a duplicate of the seal to a Judge
or Registrar of the Industrial Court; and
(b) give directions, subject to this section as to the manner in which
the seal shall be kept and used.

(3) Nothing in this section shall affect the validity of any document
lawfully sealed before coming into force of this Act.

8. Functions of Industrial Court

(1) The Industrial Court shall-

(a) arbitrate on labour disputes referred to it under this Act; and
(b) adjudicate upon questions of law and fact arising from references
to the Industrial Court by any other law.

(2) The Industrial Court shall dispose of the labour disputes referred
to it without undue delay.

(3) In the performance of its functions, the Industrial Court shall have
the powers of the High Court, and in particular shall have powers­
(a) to summon witnesses and administer oaths and affirmations;
(b) to order the discovery, inspection, or production of documents;
(c) to require any person who appears to have special knowledge of
any relevant matter, to furnish in writing or to confirm on oath or
affirmation, that expert opinion or evidence; and
(d) to make orders as to costs and other reliefs as the Industrial
Court may deem fit, including an order for reinstatement of an
employee subject to such conditions as the court may impose.

9. Arbitration and Conciliation Act not to apply

The Arbitration and Conciliation Act shall not apply to any proceedings of
the Industrial Court under this Act, or to any award made by the Industrial
Court.

10. Composition of Industrial Court

(1) The Industrial Court shall consist of­

(a) a Head Judge;
(b) four Judges;
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8131

(c) five independent members;

(d) five representatives of employers; and
(e) five representatives of employees.

(2) The Head Judge and the Judges of the Industrial Court shall be
appointed by the President on the advice of the Judicial Service Commission
and with the approval of Parliament.

(3) A person is not qualified to be appointed a judge of the Industrial Court

unless that person is qualified to he appointed a judge of the High Court.

(4) The Minister shall appoint-

(a) the independent members of the Industrial Court;
(b) the representatives of employees among the nominations submitted
to the Minister by the Federation of Labour Unions; and
(c) the representa tives of employers a mong the nominations
submitted to the Minister by the Federation of Employers.

(5) The members of the Industrial Court, other than the judges, shall hold
office for a term of five years and shall be eligible for re-appointment.

11. Terms and conditions of appointment

(1) The Head Judge and other judges of the Industrial Court shall hold
office on the same terms and conditions of service as a judge of the High Court.

(2) The Head Judge and other judges of the Industrial Court shall be
subject to disciplinary action and removal from office on the same grounds
and in the same manner as a judge of the High Court.

(3) Where-
(a) the office of a judge of the Industrial Court is vacant;
(b) a judge of the Industrial Court is for any reason unable to perform
the functions of his or her office; or
(c) the Head Judge advises the Judicial Service Commission that the
state of business in the Industrial Court so requires,
the President may, acting on the advise of the Judicial Service
Commission, appoint a person qualified for appointment as a judge of the
Industrial Court to act as judge even though that person has attained the
age prescribed for retirement in respect of that office.
8132 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

(4) A person appointed under subsection (3) to act as a judge of the

Industrial Court shall continue to act for the period of the appointment or
if no period is specified, until the appointment is revoked by the President
acting on the advice of the Judicial Service Commission, whichever is earlier.

12. Constitution of Industrial Court

(1) The industrial Court shall be duly constituted where at any sitting
there are four members present, consisting of­
(a) a Head Judge or a judge;
(b) an independent member;
(c) a representative ofemployers; and
(d) a representative ofemployees.

(2) The Head Judge or ajudge ofthe Industrial Court shall preside over
the hearing ofa particular matter for which the Industrial Court is constituted.

(3) Notwithstanding subsection (1), where at any time before a matter

is determined, the Industrial Court is constituted and one of the members
ceases to be a member or is not available to attend the proceedings-
(a) ifthe member is not the judge, the Presiding Judge in consultation
with the Head Judge shall have power to co-opt another member
ofthe Industrial Court to hear the matter until it is determined; or
(b) if the member is the judge, the Head Judge shall assign another
judge of the Industrial Court to preside over the hearing of that
particular matter until it is determined.

13. Termination of appointment

(1) This section does not apply to the Head Judge and other judges
of the Industrial Court.

(2) A member ofthe Industrial Court may resign his or her office by
giving thirty working days notice in writing delivered to the Minister.

(3) A member may be removed from office only for-

(a) inability to perform the functions ofhis or her office arising from
infirmity ofbody or mind;
(b) misbehaviour or misconduct;
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8 133

(c) failure to attend at least three consecutive hearings, without

reasonable cause;
(d) incompetence;
(e) being an undischarged bankrupt; or
(f) being convicted of an offence and sentenced to a term of
imprisonment.

( 4) The Minister shall remove a member of the industrial Court if

the question of his or her removal has been referred to the Minister by the
Head Judge, and the Minister is satisfied that the member ought to be
removed from office on any ground referred to in subsection (3).

14. Registrars of the Industrial Court and support staff

(1) The Industrial Court shall have a Registrar, Deputy Registrar and
Assistant Registrar.

(2) The Registrar shall be appointed by the President on the advice of

the Judicial Service Commission and shall be disciplined and removed from
office in accordance with Article 147 of the Constitution.

(3) The Deputy Registrar and Assistant Registrar shall be appointed,

disciplined and removed from office by the Judicial Service Commission in
accordance with Article 148A of the Constitution.

( 4) The qualifications of the Registrar, Deputy Registrar, andAssistant

Registrar of the Industrial Court shall be similar to those of a Registrar,
Deputy Registrar, and Assistant Registrar of the High Court, respectively.

(5) The functions of the Registrar, Deputy Registrar, and Assistant

Registrar of the Industrial Court shall be similar to those of a Registrar,
Deputy Registrar, and Assistant Registrar of the High Court, respectively.

( 6) The procedure for appointing, disciplining, and removing from

office a Registrar, Deputy Registrar, and Assistant Registrar of the Industrial
Court shall be similar to that of appointing, disciplining and removal from
office of a Registrar, Deputy Registrar, and Assistant Registrar of the High
Court, respectively.
8134 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

(7) The Industrial Court shall have other staff appointed b y the
Public Service Commission, as may be necessary.

(8) The other staff of the Industrial Court shall b e subject to the
direction and supervision of the Registrar.

Decisions and awards ofIndustrial Court

15. Decisions and awards of the Industrial Court

(1) Where the Industrial Court is unab le to reach a decision by

consensus, the matter shall be decided by the Judge presiding over the matter.

(2) An award or decision of the Industrial Court shall be announced

by the Judge presiding over the matter on notice to the parties to the dispute
or their representatives.

(3) An award of the Industrial Court shall take effect from the date
that the Court may determine but in any case, not a date earlier than the date
the dispute arose.

(4) Where the Industrial Court does not fix a date, the effective date
shall be the date on which the award is announced.

(5) The Industrial Court may review its decisions or awards.

(6) A person who fails or refuses to abide by an award or decision of

the Industrial Court shall be in contempt of court.

16. Awards to be submitted to Minister

The Registrar of the Industrial Court shall submit to the Minister a copy
of every award of the Industrial Court.

17. Enforcement of awards or decisions of Industrial Court

(1) An award or a decision of the Industrial Court shall be enforceable

in the same way as a decision in a civil matter in the High Court.
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8135

(2) A party to an award or decision of the Industrial Court who fails

or refuses to abide by the terms of the award or decision of the Industrial
Court shall be in contempt of court.

18. Interpretation and review of awards

(1) Where any question arises as to the interpretation of any award

of the Industrial Court within twenty-one days from the effective date of the
award or, where new and relevant facts concerning the dispute materialise,
a party to the award may apply to the Industrial Court to review its decision
on a question of interpretation or in the light of the new facts.

(2) The Industrial Court may decide the matter after hearing the
parties, or without a hearing, if the consent of the parties is obtained.

(3) A decision of the Industrial Court shall be notified to the parties

and shall be deemed to form part of the original award and shall have the
same effect in all respects, as the original award.

19. Industrial Court not to be bound by rules of evidence

(1) For the purposes of determining any matter before it, the Industrial
Court shall not be bound by the rules of evidence in any civil proceedings and
may, on its own motion or on the application of any of the parties to the
dispute, requrre any person-
(a) to provide in writing, or in any other way, evidence in relation to
any matter as the court may require;
(b) where necessary, to attend before the court and give evidence;
(c) to produce any document to enable the court to obtain any
information which, in the circumstances, may be considered
necessary.

(2) Notwithstanding subsection (1), a witness may object to

answering any question or to producing any document on the ground that it
incriminates him or her.

(3) A person who, without reasonable excuse, refuses or fails to

produce a document or to comply with summons to appear, or fails to answer a
question put to them, not being a document or answer referred to in
subsection (2), commits the offence of contempt of court.
8136 Cap. 227.) Labour Disputes (Arbitration and Settlement) Act

20. Restriction on publication of evidence

(1) Where an employers' organisation, a firm, a company or a

business carried out by an individual makes a disclosure before the Industrial
Court or a board of inquiry and requests that the disclosure should not be
published on the grounds that it is confidential, the disclosure shall not form
part of any award, finding, determination, report or other statement made by
the Industrial Court or board of inquiry.

(2) A member of the Industrial Court, board of inquiry or person

present at the proceedings shall not disclose any information requested by
the employers' or employees' organisations or firm, company or individual
business not to be disclosed without their consent.

21. Legal representation in Industrial Court

In any proceedings before the Industrial Court a party may appear by

himself or herself or by an agent, including a labour union or an employer's
organisation, or may be represented by an advocate.

22. Sittings of Industrial Court may be public or in private

(1) It is in the discretion of the Industrial Court to admit or exclude

the public or the press from any of its sittings.

(2) Where the press is present at a sitting of the Industrial Court,

the press may not publish any comment or report on the proceedings, where
the comment or report is likely to prejudice the ability of a party to obtain a
fair hearing.

(3) The Industrial Court may make any orders to ensure that the
parties to a dispute obtain a fair hearing and may, where necessary, order
that comments in respect of any proceedings or the evidence adduced in the
Industrial Court are not to be published until an award has been announced.

(4) Any person who contravenes this section commits an offence and
is liable, on conviction, to a fine not exceeding five currency points.
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8137

23. Appeals from Industrial Court

An appeal shall lie from a decision of the Industrial Court to the Court of
Appeal only on a point of law, or to determine whether the Industrial Court
had jurisdiction over the matter.

24. Party to recognition or procedural agreement may initiate discussion

(1) A party to a recognition agreement or a procedural agreement

who is of the opinion that a matter likely to lead to a labour dispute has
arisen, may give two weeks' notice to the other party, to negotiate under the
agreement with a view to reaching a settlement on the matter.

(2) Where negotiations are not carried out under subsection (1), any
of the parties may report the matter to a labour officer who shall investigate
the matter with a view to finding out the cause of the delay in negotiating
the matter, within two weeks of the receipt of the report.

(3) On the completion of the investigations under subsection (2), the

labour officer may-
(a) order the parties to start negotiations within two weeks from the
time his or her investigations are concluded; or
(b) appoint a conciliator, where the labour officer is of the opinion
that negotiations are not likely to bring about a quick settlement
of the matter in disagreement.

(4) Where an agreement is not reached under subsection (3), section

4 shall apply to the settlement of the dispute and, for the purposes of this Act,
the dispute shall be treated as a labour dispute.

25. Powers of labour officer

(1) A labour officer shall, in exercising his or her powers under this
Act, endeavour to secure the settlement of trade disputes, actual or imminent,
by the use of voluntary procedures, conciliation and mediation.

(2) A labour officer may act as conciliator or mediator in a labour

dispute or may nominate any other person to act in that capacity.
8138 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

Board of inquiry

26. Appointment of and reference to board of inquiry

(1) Subje ct to this Act, the Ministe r may, whe ne ve r he or she

considers it expedient, appoint a board of inquiry to inquire into and
report to him or her any matter-
(a) affecting the relations between an employer and an employee, as
the Minister may direct;
(b) affe cting the working conditions of an e mploye e or group of
employees; or
(c) relating to the terms of employment of an employee.

(2) A board of inquiry appointed under this section may comprise­

(a) a single person; or
(b) a number of pe rsons, including a chairpe rson, as the Minister
may appoint.

(3) Where the Minister appoints persons under subsection (2)(b),

the persons appointed shall be equally representative of employers and
employees and shall not in any way be employed or concerned with the
particular trade or industry into which the board of inquiry is to inquire.

(4) For the purposes of its functions, a board of inquiry shall have
all the powers relating to evidence as are conferred on the Industrial Court
by section 19.

27. Report of board of inquiry

(1) A board of inquiry shall at the end of its inquiry, submit to the
Minister a report of its findings and recommendations.

(2) Upon receipt of the report of a board of inquiry under subsection

(1), the Minister shall-
(a) cause to be published in such a manner as he or she may deem
expedient, the whole or any part of the report; and
(b) whe re the re port re late s to any e xisting labour dispute , make
known to all or any of the parties concerned as he or she considers
appropriate, the findings and recommendations contained in the
report.
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8139

28. Parties' refusal to comply with recommendations of report

Where, after having made known to the parties concerned the findings and
recommendations contained in the report of a board of inquiry, the parties
or any of them refuse to settle the dispute as recommended by the board of
inquiry within the time specified by the board of inquiry, the Minister may
refer the dispute to the Industrial Court.

Industrial action

29. Unlawful industrial action

(1) A labour officer may do any of the things in subsection (2), where
it appears that-
(a) there is a labour dispute, whether the dispute is reported to him or
her or not, which is likely to lead to an unlawful strike, lockout
or other industrial action;
(b) the matter to which the labour dispute relates is settled by a
collective agreement;
(c) a substantial proportion of the employers and employees in the
trade or section of industry covered by the collective agreement,
are directly or through their organisations, parties to that
collective agreement; and
(d) the collective agreement has not expired.

(2) The labour officer may-

(a) request the parties to the dispute to comply with the collective
agreement; or
(b) order the parties to comply with the collective agreement.

(3) Where the parties do not comply with the request or order of a
labour officer under subsection (2), the Minister or the labour officer shall
refer the dispute to the Industrial Court.

(4) Where the Minister or the labour officer refers a dispute to the
Industrial Court under this Act, the Minister or the labour officer may declare
the cancelling or procuring of any strike or other industrial action, or the
introduction of a lockout, in relation to a matter forming the dispute referred
to the Industrial Court to be unlawful until the earlier of-
8140 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

(a) the date, not later than three weeks from the date on which the
dispute was referred to the Industrial Court; or
(b) the date on which the Industrial Court makes its decision or
award.

(5) Where a labour officer seeks to settle a labour dispute by

conciliation, he or she may declare the cancelling or procuring of a strike or
other industrial action or the introduction of a lockout, in relation to matters
forming the subject matter of the conciliation efforts to be unlawful until the
earlier of the date when-
(a) the matter is settled by conciliation or by a decision by the
Industrial Court; or
(b) a date, not later than three weeks from the date on which the
dispute was referred to conciliation.

( 6) Any person who willfully induces a strike or other industrial

action, or who undertakes a lockout in circumstances where that action has
been declared unlawful by a labour officer under this section, commits an
offence and is liable, on conviction, to a fine not exceeding twenty-four
currency points or to imprisonment for a term not exceeding one year, or
both.

30. Unlawful organisation of industrial action

(1) Where the Industrial Court makes an award and that award has
come into force, it shall be an offence for any person, during the existence
of the award, to cancel or procure a strike or other industrial action or to
introduce a lockout in circumstances where the objective or purpose of the
strike, other industrial action or lockout is to upset or vary that award.

(2) Where a labour officer declares any industrial action unlawful

under this Act, it shall be an offence for any person, during the period in
which the industrial action has been declared unlawful, to counsel or procure
a strike or other industrial action or to introduce a lockout.

(3) Any person who contravenes this section commits an offence and
is liable, on conviction, to a fine not exceeding twenty-four currency points
or to imprisonment for a term not exceeding one year, or both.
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8141

31. Employee's right to participate in industrial action

(1) Subject only to any limitation provided in this Act or any other
law, it shall be lawful for an employee-
(a) to participate in an industrial action; or
(b) to act in contemplation or furtherance of an industrial action in
connection with a labour dispute.

(2)Civil action shall not be taken against an employee who

participates or acts in contemplation or furtherance of an industrial action
in connection with a labour dispute, under this section.

32.Picketing

For the purpose of peacefully persuading any person to work or to abstain

from working or for the purpose of peacefully obtaining or communicating
information, it shall be lawful, in contemplation or furtherance of a labour
dispute for-
(a) an employee to attend at or near his or her workplace or at or
near the business premises of his or her employer or of any
associated employer from which his or her work is
administered; or
(b) an official of a labour union representing that employee to
attend at or near their workplaces or at or near the business
premises of their employers or associated employers from
which such employees' work is administered.
33. Acts of intimidation or annoyance

(1) It shall be an offence for any person to compel or to seek to

compel another person to do or to refrain from doing any act which that
other person has a legal right to do or to refrain from doing by-
(a) the use of violence or intimidation against that other person or
his or her family; or
(b) the use of violence or threats of violence against the property
of that person or his or her family.

(2)Any person who contravenes this section commits an offence and is

liable, on conviction, to a fine not exceeding twenty-four currency points or
to imprisonment for a term not exceeding one year, or both.
8142 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

PART III-ESSENTIAL SERVICES

34. Essential services

(1) An employee in an essential service specified in Schedule 2 to

this Act shall not willfully breach or terminate his or her contract of service,
other than in the circumstances specified in section 35, or do so where he or
she knows or has reasonable cause to believe that the probable consequences
of his or her actions, either alone or in combination with others, is to deprive
the public or any section ofthe public of the essential service or substantially
to diminish the enjoyment of that essential service by the public or by any
section of the public.

(2) Any person who contravenes subsection (1) commits an offence

and is liable, on conviction, to a fine not exceeding twenty-four currency
points or to imprisonment for a term not exceeding one year, or both.

(3) Subject to section 35, a person shall not cause or procure or

counsel any employee to breach or terminate his or her contract of service
and do so where he or she knows or has reasonable cause to believe that the
probable consequences of his or her breach or termination, alone or with
others, is to deprive the public or any section of the public of an essential
service or substantially to diminish the enjoyment of an essential service by
the public or by any section of the public.

(4) Any person who contravenes subsection (3) commits an offence

and is liable, on conviction, to a fine not exceeding twenty-four currency
points or to imprisonment for a term not exceeding one year, or both.

35. Lawful industrial action in essential services

(1) Nothing in this Act shall prohibit an individual employee from

givingnotice oftermination ofemployment at any time under the Employment
Act.

(2) Where a collective withdrawal of labour from an essential

service is contemplated, notice in writing of the intended participation in
the withdrawal shall be given to an employer, not earlier than fourteen days
before the intended collective withdrawal oflabour, and not later than twenty­
two days from the intended collective withdrawal of labour.
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8143

(3) Notice in subsection (2) may be given individually by the

employees in the essential service or collectively where they are represented
by a labour union of which the employees are members.

( 4) Where notice of the intended participation in collective withdrawal

given in subsection (2) is not subsequently withdrawn, an employee by whom
or on whose behalf notice is given and who is represented by a labour union
and a person who causes or procures or counsels that employee to breach
his or her contract of service shall not be guilty of any offence where the
employee breaches his or her contract of service after the expiry of fourteen
days but before the expiry of twenty-two days following the delivery of the
notice.

(5) A notice of intended participation in a collective withdrawal

of labour shall not be valid under this section where, before the expiry of
the fourteen-day period specified in subsection (2), the Minister refers the
dispute to the Industrial Court.

36. Information about essential services

(1) Every employer in an essential service shall-

(a ) ca use to be posted, upon the principa l premises used for the
purpose of discharging that essential service, a printed copy of
the provisions of sections 34 and 35 and Schedule 2 to this Act
in a conspicuous place where the copy may conveniently be read
by the employees; and
(b) as often as the copy becomes defaced, obliterated, destroyed or
removed, cause it to be replaced as soon as possible.

(2) Any employer who contravenes subsection (1) commits an offence

and is liable, on conviction, to a fine not exceeding one hundred currency
points and to a further fine not exceeding half a currency point for every day
or part of a day during which the offence has continued.

(3) Any person who willfully, without reasonable cause or excuse,

defaces, obliterates, destroys, removes or covers up any printed copy posted
up in accordance with subsection (1) commits an offence and is liable,
on conviction, to a fine not exceeding twenty-four currency points or to
imprisonment for a term not exceeding one year, or both.
8144 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

37. Designation of essential services

(1) The Minister may, in consultation with the Labour Advisory

Board, in addition to the services prescribed in Schedule 2 to this Act, by
statutory instrument made under section 43, designate a service as an essential
service if it is of such a nature that its interruption endangers the life,
personal safety or health of the whole or part of the population.

(2) In the case of any doubt arising, the Industrial Court, on reference
by any party to a labour'dispute or on reference by the Minister, shall decide
whether any service is within the classification of essential services specified
in Schedule 2 to this Act and the decision shall be conclusive.

(3) Where a lockout or strike occurs and the Minister is satisfied

that the parties to the lockout or strike acted in the reasonable belief that the
affected service is not an essential service but the Industrial Court declares
that service to be an essential service-
(a) the Minister shall cause a certificate to be served on the parties
to the lockout or strike, stating that the service is an essential
service; and
(b) the lockout or strike shall be deemed to be a labour dispute to
which sections 34 and 35 apply from the d ate on which the
certificate is served on the parties.

38. Prosecutions

A prosecution for any offence under this Act shall not be instituted except
by, or with the written consent of the Director of Public Prosecutions.

PART IV-COLLECTIVE AGREEMENTS

39. Collective agreement to be registered

(1) A copy of every collective agreement and any amend ment or

variation made to the agreement shall be registered with a labour officer.

(2) Notwithstanding subsection (1), a collective agreement that is

not registered remains enforceable between the parties to the agreement.
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8145

(3) A labour officer may advise the parties on the drawing of the
agreement, but the parties shall not be bound by the advice.

(4) The terms of a collective agreement shall be in writing, and every

collective agreement shall contain a reference to the manner and date when
it may be reviewed.

(5) It is the duty of every party to a collective agreement to ensure

that a signed copy of the agreement is lodged with the Registrar of Labour
Unions within twenty-eight days from the date the agreement is made.

( 6) Any person who contravenes this section commits an offence and

is liable, on conviction, to a fine not exceeding twenty-four currency points
or to imprisonment for a term not exceeding one year, or both.

40. Terms of collective agreement to be part of contract of employment

The terms of a collective agreement, registered in accordance with section 39,

shall, so far as is appropriate, be incorporated in the contracts of
employment of the employees who are subject to its provisions, and
shall give rise to legally enforceable rights.

PART V-MISCELLANEOUS

41. Rules of procedure for Industrial Court

(1) The Minister may, in consultation with the Chief Justice, make
rules prescribing the form and the manner in which labour disputes may
be referred to the Industrial Court, the procedure for the hearing of labour
disputes and generally for the conduct of the business of the court.

(2) Where any question arises in the course of the hearing of a

labour dispute in respect of which rules have not been made under this
section, the Industrial Court shall regulate its own procedure.

42. Remuneration, allowances, and other expenses

(1) The remuneration, emoluments, and benefits including retirement

benef its payable to the Head Judge and other Judges and Registrars of
8146 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

the Industrial Court shall be the same as those payable to the Judges and
Registrars of the High Court.

(2) The Minister shall, in consultation with the Minister responsible

for finance, determine the remuneration, including allowances payable to the
members of Industrial Court who are not staff of the judiciary.

(3) The remuneration, emoluments, and benefits including retirement

benefits payable to the Registrars. Deputy Registrar and Assistant Registrar
shall be the same as that payable to the Registrars of equivalent rank in the
High Court.

(4) The Public Service Commission shall determine the remuneration

and allowances, payable to the other staff of the Industrial Court.

(5) The administrative expenses of the Industrial Court and all the
other expenses incurred in the carrying into effect the provisions of this Act
shall be paid out of the Consolidated Fund.

(6) The Head Judge, Judge, Registrar, Deputy Registrar and

Assistant Registrar of the Industrial Court shall be entitled to the retirement
benefits and other benefits applicable to such staff of the Judiciary under the
Administration of the Judiciary Act.

43. Regulations

(1) The Minister may, by statutory instrument, in consultation with

the Board and with the approval of Parliament, make regulations for the
better carrying out of the purposes of this Act.

(2) Regulations made under this section may prescribe, in respect of

a contravention of the regulations, that the offender is liable, on conviction,
to a fine not exceeding twenty-four currency points or to imprisonment for a
term not exceeding one year, or both.

44. Power to amend Schedules

(1) The Minister may, by statutory instrument, with the approval of

Cabinet, amend Schedule 1 to this Act.
Labour Disputes (Arbitration and Settlement) Act [Cap. 227. 8147

(2)The Minister may, by statutory instrument, with the approval of the

Board, amend Schedule 2 to this Act.
8148 Cap. 227.] Labour Disputes (Arbitration and Settlement) Act

SCHEDULES

Schedule 1
Sections 1, 44(1)
Currency Point

A currency point is equivalent to twenty thousand shillings.

Schedule 2
Sections 1, 34(1), 36(1),
37(1), (2), 44(2)
Essential Services
1. Water services
2. Electricity services
3. Health services
4. Sanitary services
5. Hospital services
6. Fire services
7. Prisons services
8. Air traffic control services
9. Civil aviation services
10. Telecommunication services
11. Ambulance services
12. Police services
13. Transport services necessary for the operation of any of the services
specified in this Schedule

History: Act 8/2006; S.I. 35/2006; Act 4/2021

Cross References

Constitution
Administration of the Judiciary Act, Cap. 4
Arbitration and Conciliation Act, Cap. 5
Employment Act, Cap. 226
Labour Unions Act, Cap. 228