| dc.description.abstract | The main aim of this study was to identify the challenges of industrial arbitration in a
liberalized labour sector, a case study of industrial court. The specific objectives
addressed by the study were:
(a) To investigate the causes of industrial disputes with particular reference to
disputes referred to industrial court.
(b) To determine the impact of liberalization of the labour sector on industrial court
arbitration.
(c) To ascertain how the changing face of trade unions has affected industrial court
arbitration.
(d) To determine the impact of change in the management styles by employers on
industrial court arbitration.
A total of 25 respondents were selected through purposive non-probability and snowball
sampling techniques. The key instrument for data collection was unstructured interviews
that were administered to court officials, FKE, COTU and ministry of labour officials.
Apart from the unstructured interviews, other data collection methods included direct •.
observation, and review of available records/ documents. Data analysis was done
qualitatively and descriptive statistics was used to present the data collected. The study
found out that industrial court arbitration is tripartite in nature, thus the government,
unions, and employers must play their part adequately for industrial peace to be achieved.
However, with the liberalization of the labour sector, the study revealed that the industrial
court is' faced with diminished powers, and that its' decisions are increasingly being
questioned by employers.
Further more the findings revealed that trade unions in the era of a liberalized of labour
sector are faced with diminishing bargaining powers due to among others, loss of
members, employers' refusal to recognize unions, and their adoption of new management
systems. All these factors have impacted negatively in the contents of the collective
bargaining agreements and representation of workers at the industrial court.
From the findings it was concluded that liberalization has a negative impact on industrial
court arbitration. That employers,' are increasingly turning their backs on court rulings by
resorting to civil courts to quash lor repeal earlier industrial court rulings. That the court
is faced with the challenge of determining disputes of an economic nature due without
data on company productivity, inflation rate and consumer price indexes. This limitation
predisposes the court to make rulings that some times could be contrary to its mandate.
The court is also faced with the challenge of lack of adequate finances, personnel and
office space among others.
Deriving from the foregoing findings and conclusion, it is recommended that the
Government should initiate appropriate legal reforms on labour laws so as to reflect the
changed labour environment. That the industrial court should be made effective through
training of court staff, expansion of the court, hiring of more staff both at the ministry of
labour and the court and, last but not least through increased budget allocations. A further
study was also felt necessary towards this subject in future to cover contents not covered
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