WRIGLEY COMPANY (E.A) LIMITED V. BAKERY CONFECTIONERY FOOD MANUFACTURING & ALLIED WORKERS UNION (KENYA)

JUDGMENT OF THE COURT

In a Memorandum of Claim filed at the then Industrial Court of Kenya at Nairobi the respondent Bakery, Confectionery, Food Manufacturing and Allied Workers Union (K) as claimant filed a claim against the appellant The Wrigley Company (EA) Limited. It was stated in the main that the respondent was a registered trade union mandated under the Labour Relations Act 2007 to represent the industrial interests of all the employees engaged or employed in food manufacturing and other related industries. It was further claimed that during the period 1st September, 1992 to 31st August, 1994 the terms and conditions of employment Francis Ogutu, amongst other employees of the appellant were collectively negotiated by the respondent with the appellant in a collective agreement and that by clause 31 of the Collective Agreement which related to retirement it was provided that:

“an employee who attains the retirement age of 55 years but 60 years for compulsory retirement, may retire…