Bank of Baroda (K) Limited v Banking Insurance & Finance Union (K) & another (Civil Appeal 440 of 2019) [2025] KECA 439 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 439
- Citation
- [2025] KECA 439 (KLR)
- Decided
- 7 March 2025
The court found that the appellant is not discriminating against employees who retire at 55, and the 2nd respondent has not failed to negotiate the retirement age as a negotiable item in the CBA.
Facts
The 1st respondent, Banking Insurance & Finance Union (K), sought to declare that all employees of the appellant, Bank of Baroda (K) Limited, should retire at the age of 60, with the option to retire at 50 with full benefits. The 1st respondent alleged discrimination against employees who retired at 55 compared to those in India who retired at 60 or more.
Issues
- Whether the appellant is discriminating against employees who retire at 55 compared to those in India who retire at 60 or more.
- Whether the 2nd respondent, Kenya Bankers Association, has a duty to negotiate the retirement age as a negotiable item in the CBA.
Reasoning
The court ruled that the appellant's retirement age of 55 is not discriminatory and that the 2nd respondent has not failed to negotiate the retirement age as a negotiable item in the CBA.
Outcome
The appeal is dismissed.
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