KQ engineers at a press briefing after their dismissal last month. PHOTO | Kanyiri Wahito | NMG
Employment and Labour Relations Court Judge Hellen Wasilwa
Wednesday directed that further hearing of a case filed by Kenya Airways
employees be temporarily stopped to allow the airline argue its case at the appellate court.
KQ,
as the airline is known by its international code, is appealing against
Justice Wasilwa’s order reinstating its engineers and technical staff
who were sacked for going on strike to press for pay rise.
The
workers umbrella body, Central Organisation of Trade Unions (COTU)
through lawyer Samuel Aduda, has also sought to be enjoined in the case
as an interested party. The application will be heard when the hearing
before Labour Court resumes.
The airline will be making
a second attempt to have the orders directing it to take back the more
than 130 engineers and technicians, due to safety concerns, lifted.
It had attempted to set aside the orders of the Labour Court, but the request was not granted.
The
judge had in the order stated that, “given the sensitivity of the
issues involving the aircraft and security of human lives, I will
temporarily reinstate the engineers and technicians.”
In
the Court of Appeal papers, KQ, however argues that it has not suffered
any inconveniences or been prejudiced in so far as maintenance of
aircraft is concerned following the dismissal of the claimants.
“Kenya Airways still has in its employment 467 engineers and
technicians attending to the aircraft,” said lawyer Obura Mbeche in
court papers.
He argued the employment court issued the
orders despite the fact that the aggrieved employees had in their court
papers, sought monetary compensation as an alternative to
reinstatement.
He
added that the orders were also given when there was no evidence that
the employee who had filed the affidavit, had done so with consent of
all the sacked employees.
“The judge issued the orders
without giving Kenya Airways a chance to be heard. The judge also
assumed knowledge of aircraft safety and maintenance without the benefit
of expert evidence,” lawyer Mbeche said.
He said
reinstating the engineers and technicians without giving KQ the chance
to be heard would subject the national carrier to irreparable loss of
money in the form of remuneration.
According to KQ, on
November 28, the employees engaged in unprotected strike and despite
plea that they resume work, they refused resulting into their dismissal
on November 29.
Since the summary dismissal, KQ has
also re-organised its operations to correspond to its personnel
establishment and there have been no flight cancellations or delays
occasioned due to lack of maintenance nor had there been any concerns
experienced by Kenya Airways leading to grounding of aircraft due to
absence of the services of the sacked personnel.
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