Kenya Airways pilots ordered to shelve strike plan

Corporate News

Kenya Airways said it had lost Sh50 million in cancelled flights since start of the go-slow in March. PHOTO | FILE 

By BRIAN WASUNA, bwasuna@ke.nationmedia.com

In Summary

• KQ said it had been forced to cancel several flights since its pilots started a go-slow to protest the carrier’s decision to lease crew for Jambojet, its budget subsidiary.
• The airline said it had lost Sh50 million in cancelled flights since start of the go-slow in March.

The High Court has stopped Kenya Airways pilots from going on strike until a dispute with their employer over mode of hiring flight crews for the national carrier’s low-cost airline is determined.

Lady Justice Hellen Wasilwa issued the order last week after Kenya Airways said it had been forced to cancel several flights since its pilots started a go-slow to protest the carrier’s decision to lease crew for Jambojet, its budget subsidiary.

KQ said it had lost Sh50 million in cancelled flights since start of the go-slow in March.

KQ pilots were also ordered to continue working during off-days and leave days in return for overtime pay. The go-slow was sparked by KQ’s decision to hire crews for Jambojet’s coastal routes, which the pilots feared may be extended to other routes and render them jobless in the long run.

“KQ has demonstrated the financial losses that it has suffered due to the withdrawal of goodwill,” the judge said. “ This has not been contested. Kalpa (Kenya Airlines Pilots Association) is barred from calling for industrial action pending the determination of the suit.”

KQ filed the case in March after its pilots - through the association - announced that they would only work as per the terms of their contracts. The standoff is also part of conciliation talks between Kalpa and KQ over working conditions for Jambojet pilots.

READ: KQ pilots fear for jobs as Jambojet leases plane, crew

The low-cost carrier hired the aircraft from Canadian firm DAC Aviation under a wet lease agreement, which also secures a crew for the duration of the contract.

The lobby wants Kenya Airways to extend an agreement for pilots’ working conditions to Jambojet personnel, while the national carrier insists that the lobby should initiate separate talks with the budget airline.

The judge also ordered KQ and its pilots to return to the negotiation table and seek a middle ground, then report back to her on July 29 for directions, depending on the outcome of the talks.

KQ lawyer Jacqueline Munyaka had told the court that the national carrier now risks facing liability claims as a result of the cancelled flights. The withdrawal of goodwill, she added, was done without prior notice.

Kalpa argued that withdrawal of goodwill does not qualify as industrial action hence does not require the same notification procedures as strikes.

But Lady Justice Wasilwa ruled that it counts as industrial action, as it was part of the collective bargain agreement signed by Kalpa and KQ regarding working conditions.

“The withdrawal of goodwill endangers the existence of KQ. It also has potential liability claims against KQ and has a negative long-term reputational impact on KQ’s business. Kalpa neither notified KQ before issuing the withdrawal of goodwill notice nor did it issue the reasons why,” said Ms Munyaka.