SOCIAL DIALOGUE FOR THE SOCIAL SECTOR

Abstract

Labour disputes in Kenya frequently have more casualties beyond the parties concerned. There is an especially high frequency of labour disputes in the social sectors in Kenya, with a significant portion originating from the education sector. While the parties to labour disputes are in the exercise of their constitutional and human rights, the casualties often extend well beyond them. The losses in man- days, disrupted flow of production, resulting mistrust and reduced quality of work are but a few of the effects of the conventional and more established modes of industrial action. This article narrows down to the effects of labour disputes in the education sector. It begins with an evaluative assessment of the methods used to dissolve labour disputes between the teachers’ labour unions (KNUT/KUPPET) and the Teachers’ Service Commission. A critical analysis of the efficacy of strikes, go-slows, picketing and collective bargaining agreements (CBAs) is conducted. It is argued that the aforementioned methods have a very high number of casualties not privy to the dispute (i.e., students), as well as inherent limitations to their efficacy, thereby posing a social problem. A discussion on the role of syndicalist harshness in labour disputes clarifies the structural weaknesses of CBAs despite their high popularity. This pivots the discussion to an introduction of social dialogue and its potential for improving the processes and outcomes of labour disputes in the country. The article explores relevant examples where social dialogue has been successfully applied in settling disputes between labour unions in the social sector, and employers, to make the case that social dialogue presents an efficient method of achieving the goals of unionism with minimal collateral