Right of employer to participate in the election of officials to employer unions.

An employer has the right to participate in the election of officials to employer unions. Section 6(3a) of the Labour Relations Act 2007 provides that every employer has the right to participate in the election of any of its office bearers or officials. In Kenya County Government Workers’ Union v County Government of Nyeri& another [2015] eKLR, it was the court’s opinion that the bundle of elements of fair labour practices as elaborated in Article 41(2), (3), (4) and (5) of the Constitution. Under Article 41(2) every worker has the right to fair remuneration; to reasonable working conditions; to form, join or participate in the activities and programmes of a trade union; and to go on strike. Under Article 41(3) every employer has the right to form and join an employers’ organization; and to participate in the activities and programmes of an employers’ organization. Amongst the rights that the court articulated in this ruling, is the right of employers to participate in the election of its members.http://kenyalaw.org/caselaw/cases/view/116963/

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