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East Africa Portland Cement Co. Ltd v. Kenya Chemical & Allied Workers Union

(2017) JELR 102578 (CA)

Court of Appeal  •  Civil Appeal 14 of 2016  •  6 Oct 2017  •  Kenya

George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale



This is an appeal from the judgment of Employment and Labour Relations Court (Wasilwa, J) dated 6th July, 2015 in which the learned judge found that the respondent breached the terms of the Collective Bargaining Agreement by partially implementing it only in favour of workers on permanent engagement and excluding casual workers. The contention of the appellant is that the learned judge erred in that decision.

The appellant, East African Portland Cement Co. Ltd is a limited liability company whose core business (which carried on in Athi-River, in Machakos County) is production of cement under the Brand name of Blue Triangle. It is common ground that way back in 1961, the appellant established industrial relations with the respondent trade union, Kenya Commercial and Allied Workers Union, and signed a Recognition Agreement which appears to have served both parties well over the years. By dint of the recognition agreement, the respondent became the sole negotiating bo…

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