Browsing by Author "Gathongo, Johana K."
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Item Internship: A Bridge to Employment or a Trap to a Disguised Employment Relationship?(2021) Gathongo, Johana K.Internship can be and should be a vital part of the switch from edification to the workplace. This article however questions the extent to which internships are used to serve as a transition between education and employment. Though considered valuable to the host institution, many interns face high levels of job uncertainty. One key contributing factor is the existence of disguised forms of employment in the Kenyan labour market. This occurs when the true legal status of a person who is an employee is disguised in a way that hides his or her true legal status or gives it an appearance of a different legal nature. Arguably, interns have fallen victims. The current internship arrangement in Kenya poses several thorny employment law questions particularly the legal status of the intern. Arguably, the existing internship arrangement permits dishonest host institutions to take advantage of the arguably weak monitoring and enforcement system of the employment laws resulting in intern exploitation. The analysis done in this article reveals that interns are possibly employees and should thus be afforded full protection embedded under Article 41 of the Constitution as well as the Employment Act, 2007 including job security, fair remuneration and reasonable working conditions The article emphasises that the National Employment Authority and other relevant authorities should seek to perform their mandate effectively by monitoring all placements of interns to ensure that they are not exploited or their rights violated by host institutions in which they are undertaking their internship.Item Staff Profile: Dr. Johana Kambo Gathongo(University of Embu, 2019-09) Gathongo, Johana K.Dr Johana Kambo Gathongo is Dean, School of Law at the University of Embu. He teaches Tort Law and Legal Research and Writing. Research Interests His research is situated in the field of Law, with a special focus on Labour Law.Item Towards an effective Kenyan labour dispute resolution system: A comparison with the South African labour dispute resolution system and International Jurisprudence(2018) Gathongo, Johana K.There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts. This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.