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Kenya Chemical and Allied Workers' Union v. Bamburi Cement Limited

(2017) JELR 100104 (CA)

Court of Appeal  •  Civil Appeal 25 of 2016  •  31 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The undisputed facts in this appeal are that the ten individuals represented by the Kenya Chemical Workers and Allied Union (the appellant) were employed on different dates by the respondent; that at the time of their employment they were union members of the appellant and their terms and conditions of service governed by the terms of the Collective Bargaining Agreement (CBA) entered into from time to time on their behalf by the appellant with the respondent; that afterwards they were promoted to the management echelons of the respondent that upon accepting their promotion each of the employees entered into separate contracts of employment with the respondent and were issued with letters spelling out their new terms of employment; and that they remained in the service of the respondent for periods ranging between 28 to 33.8 years before retiring normally. It would appear that even after joining the management the employees continued to make their membership contriā€¦

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