Tuesday, November 08, 2022

Court orders striking Kenya Airways pilots to resume work

Reuters - 1
By Duncan Miriri and Jeff Kahinju


Striking Kenya Airways pilots summoned in court in Nairobi© Thomson Reuters

NAIROBI (Reuters) -A labour court on Tuesday ordered pilots at Kenya Airways to resume work by Nov.9, seeking to end a strike that has left thousands of passengers stranded at one of Africa's most important aviation hubs.

Members of the Kenya Airline Pilots Association (KALPA) — a union that represents about 400 pilots at the carrier - went on strike on Saturday after failing to resolve a dispute over their pensions contributions and settlement of deferred pay.

On Tuesday, a labour and employment court judge ordered the pilots to resume their duties "unconditionally" at 6 a.m. local time (0300 GMT), on Wednesday.

The court also stopped the airline's management from taking disciplinary actions against pilots who took part in the industrial action.

The court had restrained the union from embarking on the strike and the airline sought to cite the union's officials for contempt of court after the strike started. The court will continue hearing the dispute, Judge Anne Mwaure said.

Kenya Airways welcomed the court's directions, and said it would comply. Officials at the pilots' union were not immediately available for comment.

The pilots' walkout has so far cost the airline an estimated more than $2 million daily, affected more than 10,000 passengers and led to the cancellation of dozens of flights.

Kenya Airways, which is nearly 50% owned by the government, had earlier said it planned to cancel its bargaining and recognition agreements with the pilots union, saying their current strike was unlawful and amounted to economic sabotage.

The union is demanding the resumption of regular payments to its members' pension plan, which were stopped in 2020 when the COVID-19 pandemic started, and the payment of pension arrears.

It also wants the carrier to start paying salaries that were deferred during the health crisis.

The airline's management says it has been working hard to fully recover from the pandemic and accuses the pilots of jeopardising that push.

The financial turmoil at Kenya Airways preceded the pandemic.

The airline sank deep into the red after it borrowed heavily to buy new aircraft at a time when its passenger business slumped mainly due to frequent militant attacks in Kenya.

(Reporting by Duncan Miriri and Jeff Kahinju; Editing by George Obulutsa and Tomasz Janowski)

Court Orders Kenya Airways Pilots To End Strike, Resume Work Tomorrow

By Citizen Reporter Published on: November 08, 2022 

Members of the Kenya Airline Pilots Association (KALPA).


Lady Justice Anna Mwaure directed the KQ management to allow the pilots to do their duties without harassment or disciplinary action.
Justice Mwaure said the case will come up for mention on November 21, 2022.

The Employment and Labour Relations court has directed striking Kenya Airways (KQ) pilots to call off their industrial action and resume work on Wednesday at 6am.

Lady Justice Anna Ngibuini Mwaure, in a ruling delivered on Tuesday, also directed the KQ management to allow the pilots to do their duties without harassment or disciplinary action pending determination of the matter.

Justice Mwaure said the case will come up for mention on November 21, 2022, adding that both parties in the case, the Kenya Airline Pilots Association (KALPA) and KQ management, should refrain from prosecuting the matter in public.

Operations at all airports normal,’ KAA says as it challenges aviation workers' strike

The judge had early on ordered KQ and KALPA to hold talks and come up with a way forward on their stalemate.

She directed the parties to present consent in written form to the court by Tuesday, 2:30 PM as she turned down KALPA’s request to be granted seven days to solve the issue.

Justice Mwaure raised concern about the losses that the airline will make if the parties are granted the 7-day mediation period.

The Employment and Labour Relations court had summoned 11 KALPA officials after refusing to call off the pilots’ strike that entered its fourth day on Tuesday.

The pilots and KQ management have been trading accusations, with KALPA accusing the airline of failing to honour their Collective Bargaining Agreement (CBA.)

On the other hand, KQ termed the pilots’ strike as illegal, accusing them of holding passengers and the Kenyan economy at ransom through industrial action.

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