UNIVERSITY OF NAIROBI
INDUSTRIAL RELATIONS UNIT
The University of Nairobi has put in place an Industrial Relations Unit under the Office of the Registrar, Administration to coordinate all matters of industrial relations in the University with labour stakeholders and the three (3) staff Unions; Universities Academic Staff Union (UASU), Kenya Universities Staff Union (KUSU) and KUDHEIHA Workers.
INTRODUCTION:
Historically, the relationship between labor and management was built on conflict. The interests of labor and management were seen as basically at odds with each treating the other as the opposition. But times are changing. Management has become increasingly aware that successful efforts to increase productivity, improve quality, and lower costs require employee involvement and commitment. Similarly, some labor unions have recognized that they can help their members more by cooperating with management rather than fighting them.
PURPOSE:
To establish a procedure to provide for structured engagement with staff Union leadership in order to enhance trust and confidence between staff unions and management.
OBJECTIVE:
To ensure the continued participation of the University in industrial relations activities so as to maintain a harmonious relationship with staff unions and employees through collective bargaining, grievance resolution and mutual co-operation for productivity and performance.
SPECIFIC FUNCTIONS:
The Unit specifically handles the following:
- Liaising on industrial relations matters with Universities Academic Staff Union (UASU), Kenya Universities Staff Union (KUSU) and KUDHEIHA Workers;
- Liaising with external stakeholders involved in labour matters i.e. Salaries and Remuneration Commission (SRC), Federation of Kenya Employers (FKE), the Inter Public Universities Councils Consultative Forum of the Federation of Kenya Employers (IPUCCF), Ministry of Labour etc;
- Attending the Employment and Labour Relations Court of Kenya and preparing statements to external Lawyers on human resource related cases in liaison with the Legal Office;
- Providing secretariat services to University labour related engagements with unions;
- Interpretation of CBAs, labour laws and terms of service and their implementation;
- Preparing management briefs on labour related developments, legislations and practices;
- Coordinating collective bargaining and grievance procedures;
- Any other relevant duties as may be assigned by the Registrar, Administration.
LEGISLATIVE AND LEGAL FRAMEWORK:
The Industrial Relations function is guided by the following:
- University Quality Manual(UON/QMS/QM)
- Constitution of Kenya, 2010
- International Labour Organization (ILO) Conventions
- Employment Act, 2007
- Labour Relations Act, 2007
- Labour Institutions Act, 2007
- Occupation, Safety and Health Act, 2007
- Work Injury Benefits Act, 2007
- Industrial Relations Charter, 1984
- Employment and Labour Relations Court Act, 2011
- Code of Conduct and Public Officers Ethics Act
- Terms of Service documents
- Currently applicable Corrective Bargaining Agreements
- Job descriptions and personal files
- Staff Handbook
- Personal file
- Public Service Commission Policies and Procedures Manual
- University of Nairobi Service Charter
- Recognition Agreements with Staff Unions
PROCEDURE:
Individual claims/ Grievances:
An individual member of staff wishing to raise a grievance with which he/she is directly and personally concerned, shall first approach his/her immediate supervisor.
In case settlement is not reached, he/she shall have the right to appeal to the higher levels of the Management as soon as possible within the established procedures.
The member of staff may, if he so wishes, be accompanied by an accredited representative of the Union Chapter at all stages.
Collective Claims/ Grievances:
These shall mean any claims for alteration to terms and conditions of service which may affect all employees or any group of employees of the University.
Such claims shall be raised in writing with the respective Deans/ Directors or Heads of Departments by the University Chapter/ Branch of the Union.
On receipt of such claims, the respective Dean/ Directors or Heads of Departments shall, within reasonable time, indicate in writing its acceptance or otherwise after having duly consulted the Registrar, Administration for guidance.
In the event of failure to reach a settlement of the matter, the Union General Secretary of the Union shall report in writing to the Chief Operations Officer (COO) who will then refer it to the Joint Negotiating Committee within twenty one (21) days upon receipt of the aggrieved party’s communication.
The Joint Negotiating Committee shall consist of not more than thirteen (13) representatives, at least one of whom shall be from the Federation of Kenya Employers, and not more than thirteen representatives nominated and fully mandated by the Union, at least one of whom shall be from the employees.
The Joint Negotiating Committee shall make its own rules and regulate its own procedures.
All agreements shall be committed in writing and signed by both parties.
In the event of failure to reach a settlement at the Joint Negotiating Committee level, either party may refer the dispute to the Cabinet Secretary for Labour in accordance with the provisions of the Labour Relations Act, 2007.
No strike, lockout or other action to stop or hinder the operations of the business of the University on a dispute which has been referred to the Minister for Labour shall take place until:
A deadlock has been recorded in the negotiating Committee; and
After such deadlock, twenty-one (21) days are given to the Minister for Labour and a further seven (7) days’ strike or lockout notice to the employer has been given and has elapsed as stipulated in the Trade Disputes Act (Cap 234).
When an agreement is reached, Management and Unions will sign a Return to Work Formula which shall be binding to both parties.
LOCATION
The Industrial Relations Unit is located in Administration Block, Office A210.
Industrial Relations functions
Industrial relations is a section in Administration Department. It is concerned with the mutual collaboration between the University Management and staff through unions i.e.
- Universities Academic Staff Union (UASU) for teaching staff;
- Kenya Universities Staff Union (KUSU) for non teaching staff on grades 5-15; and
- Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied (KUDHEIHA) Workers for staff on grades 1-4.
This is achieved through effective collective bargaining and grievance management with the Unions and collaborations on employment and labour relations with other key stakeholders like:
- Employment and Labour Relations Court,
- Federation of Kenya Employers (FKE),
- Ministry of Labour and Social Protection,
- Ministry of Education,
- Salaries and Remuneration Commission (SRC) and
- Inter Public Universities Councils Consultative Forum of the Federation of Kenya Employers (IPUCCF).
The Industrial Relations function is guided by the following laws and policies;
- Constitution of Kenya, 2010
- Terms of Service for Staff in the Senior Clerical, Administrative & Technical Grades
- University Terms of Service for Academic, Senior Library and Administrative Staff
- Collective Bargaining Agreements with UASU, KUSU and KUDHEIHA Workers
- Head of Public Service circulars touching on employment matters
- Salaries and Remuneration Commission Guidelines
- Employments and Labour Relations Court Act
- The Industrial Relations Charter
- The Occupational Health and Safety Act, 2007
- The Work Injury Benefits Act, 2007
- The Labour Institutions Act, 2007
- The Labour Relations Act, 2007
- The Employment Act, 2007
- University of Nairobi Charter, 2013
- The Universities Act, 2012
- University of Nairobi Strategic Plan
- Public Service Commission of Kenya Human Resource Policies and Manual
The function also advises Management on the above in the University, ensures implementation of labour agreements and attends Court on behalf and ensures timely meetings with Unions under the guidance of the Registrar, Administration. The office is open to all staff and stakeholders for consultation and more information do not dither to visit our office on second floor of Administration Block.
Industrial Relations functions
Industrial relations is a section in Administration Department. It is concerned with the mutual collaboration between the University Management and staff through unions i.e.
- Universities Academic Staff Union (UASU) for teaching staff;
- Kenya Universities Staff Union (KUSU) for non teaching staff on grades 5-15; and
- Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied (KUDHEIHA) Workers for staff on grades 1-4.
This is achieved through effective collective bargaining and grievance management with the Unions and collaborations on employment and labour relations with other key stakeholders like:
- Employment and Labour Relations Court,
- Federation of Kenya Employers (FKE),
- Ministry of Labour and Social Protection,
- Ministry of Education,
- Salaries and Remuneration Commission (SRC) and
- Inter Public Universities Councils Consultative Forum of the Federation of Kenya Employers (IPUCCF).
The Industrial Relations function is guided by the following laws and policies
-
-
- Constitution of Kenya, 2010
- Public Service Commission of Kenya Human Resource Policies and Manual
- University of Nairobi Strategic Plan
- The Universities Act, 2012
- University of Nairobi Charter, 2013
- The Employment Act, 2007
- The Labour Relations Act, 2007
- The Labour Institutions Act, 2007
- The Work Injury Benefits Act, 2007
- The Occupational Health and Safety Act, 2007
- The Industrial Relations Charter
- Employments and Labour Relations Court Act
- Salaries and Remuneration Commission Guidelines
- Head of Public Service circulars touching on employment matters
- Collective Bargaining Agreements with UASU, KUSU and KUDHEIHA Workers
- University Terms of Service for Academic, Senior Library and Administrative Staff
- Terms of Service for Staff in the Senior Clerical, Administrative & Technical Grades
-
The function also advises Management on the above in the University, ensures implementation of labour agreements and attends Court on behalf and ensures timely meetings with Unions under the guidance of the Registrar, Administration. The office is open to all staff and stakeholders for consultation and more information do not dither to visit our office on second floor of Administration Block.