(1) In pursuance of Article 162 (2) (a) of the Constitution, there is established the Employment and Labour Relations Court for the purpose of settling employment and industrial relations disputes and the furtherance, securing and maintenance of good employment and labour relations in Kenya.
(2) The Court shall be a superior court of record with the status of the High Court.
(3) The Court shall have and exercise jurisdiction throughout Kenya.

(1) Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion or at the request of the parties, any other appropriate means of dispute resolution, including internal methods, conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159 (2) (c) of the Constitution.
(4) If at any stage of the proceedings it becomes apparent that the dispute ought to have been referred for conciliation or mediation, the Court may stay the proceedings and refer the dispute for conciliation, mediation or arbitration.

In any proceedings before the Court or a subordinate Employment and Labour
Relations Court, a party to the proceedings may act in person or be represented
by an advocate, an office bearer or official of the party’s trade union or employers’
organisation and, if the party is a juristic person, by a director or an employee
specially authorised for that purpose

(1) In any proceedings to which this Act applies, the Court shall act without undue regard to technicalities and shall not be strictly bound by rules of evidence except in criminal matters: Provided that the Court may inform itself on any matter as it thinks just and may take into account opinion evidence and such facts as it considers relevant and material.
(2) The Court shall be bound by the procedure laid down by this Act and the rules made thereunder but may, in any case where it thinks fit, be guided by the Civil Procedure Act.

(1) The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162 (2) of the Constitution and the provisions of this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations, including—
(a) disputes relating to or arising out of employment between an employer and an employee;
(b) disputes between an employer and a trade union;
(c) disputes between an employers' organisation and a trade union's organisation;
(d) disputes between trade unions;
(e) disputes between employer organisations;
(f) disputes between an employers' organisation and a trade union;
(g) disputes between a trade union and a member thereof;
(h) disputes between an employer's organisation or a federation and a member thereof;
(i) disputes concerning the registration and election of trade union officials; and
(j) disputes relating to the registration and enforcement of collective agreements.
(2) An application, claim or complaint may be lodged with the Court by or against an employee, an employer, a trade union, an employers' organisation, a federation, the Registrar of Trade Unions or any other person or institution with locus standi.
(3) In exercise of its jurisdiction under this Act, the Court shall have power to make any of the following orders—
(i) interim preservation orders including injunctions in cases of urgency;
(ii) a prohibitory order;
(iii) an order for specific performance;
(iv) a declaratory order;
(v) an award of compensation in any circumstances contemplated under this Act or any written law;
(vi) an award of damages in any circumstances contemplated under this Act or any written law;
(vii) an order for reinstatement of any employee within three years of dismissal, subject to such conditions as the Court thinks fit to impose under circumstances contemplated under any written law; or
(viii) any other appropriate relief as the Court may deem fit to grant.
(4) In proceedings under this Act, the Court may, subject to the rules, make such orders as to costs as the Court considers just.