Kenya Aviation Workers Union v Kenya Airways PLC [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Justice Radido Stephen
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the key insights from the Kenya Aviation Workers Union v Kenya Airways PLC [2020] eKLR case, focusing on labor relations and employee rights in the aviation sector.

Case Brief: Kenya Aviation Workers Union v Kenya Airways PLC [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Aviation Workers Union v. Kenya Airways PLC
- Case Number: Petition No. 74 of 2020
- Court: Employment and Labour Relations Court, Nairobi
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): Justice Radido Stephen
- Country: Kenya

2. Questions Presented:
The central legal issues presented in this case pertain to the alleged contravention of fundamental rights and freedoms under the Constitution of Kenya and the breach of contract by Kenya Airways in relation to the temporary reduction of employee remuneration and compulsory leave without proper consultation with the Kenya Aviation Workers Union.

3. Facts of the Case:
The Kenya Aviation Workers Union (the Union) and Kenya Airways PLC (the Respondent) entered into a Memorandum of Agreement on April 2, 2020, which modified certain employment terms, including pay cuts and unpaid leave, set to expire on April 30, 2020. Following the expiration, Kenya Airways issued notices on May 5, 2020, requiring employees to consent to further salary reductions for May and June 2020. The Union contended that these actions violated existing laws and contractual agreements, prompting them to file a petition on May 12, 2020, seeking an injunction against the implementation of the salary reductions and other related measures.

4. Procedural History:
The Union's petition was accompanied by a motion for urgent orders to restrain Kenya Airways from enforcing the salary reductions and compulsory leave. The parties engaged in negotiations, resulting in Kenya Airways providing a written undertaking to refrain from implementing the contested email directives. Subsequent court filings included affidavits and submissions from both parties. The court considered the motion, affidavits, and relevant submissions before delivering its ruling.

5. Analysis:
- Rules: The court examined various legal provisions, including Articles 1, 3, 10, 25, 27, 41, 47, 50, and 258 of the Constitution of Kenya, Sections 5, 28 of the Employment Act, Sections 5, 57, and 59 of the Labour Relations Act, and the Fair Administrative Actions Act. These statutes emphasize the necessity for consultation and fair labor practices.
- Case Law: The court referenced the Memorandum of Understanding between the Tripartite Social Partners, which highlights the importance of social dialogue during the pandemic. The court noted that while consultations are a constitutional and statutory obligation, there is no legal requirement for the parties to reach an agreement.
- Application: The court found that while Kenya Airways and the Union had engaged in consultations regarding the Memorandum of Agreement, they had not reached a consensus by the time of the court proceedings. The court emphasized that bypassing consultations would infringe on the rights of employees to organize and engage in collective bargaining. However, it also recognized the operational challenges faced by Kenya Airways due to the COVID-19 pandemic.

6. Conclusion:
The court ruled that the Union and Kenya Airways should continue negotiations to reach an arrangement that would protect jobs while considering the financial viability of the airline. The court ordered that any agreement reached be filed with the Commissioner of Labour within 30 days. The costs of the application were to abide by the outcome of the petition.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The court's decision emphasized the importance of consultation and negotiation between employers and trade unions, particularly in light of the challenges posed by the COVID-19 pandemic. The ruling reinforced the rights of employees to engage in collective bargaining while acknowledging the need for employers to navigate operational difficulties during crises. The outcome underscores the balance between protecting workers' rights and the realities of business sustainability in times of economic distress.

Document Summary

Below is the summary preview of this document.

  • -Kenya-Aviation-Workers-Union-v-Kenya-Airways-PLC-[2020]-eKLR-Case-Summary_2287_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries