KQ ordered to reinstate retrenched workers

One of the Kenya Airways Planes. PHOTO/FILE

By Macharia Kamau

Nairobi, Kenya: Kenya Airways has been ordered by the industrial court to reinstate some 447 employees it sacked in September through its rationalisation programme.

In a ruling delivered by Judge James Rika, KQ will be required to take back the 447 of the 578 employees that it had sent home.

The airline had hoped to save up to Sh1.2 billion in labour costs after retiring the employees.

“The restructuring, redundancy and retrenchment process, carried out by the first respondent (KQ) between August 1 and September 4, were substantively without justification and procedurally wrong, amounting to unfair termination of employment,” read the ruling in part.

“All the affected 447 unionisable employees are hereby reinstated to their roles at KQ, held as of August 30... all employees shall be paid their back salaries and allowances from the month of September. All the employees are directed to report to work tomorrow at 8AM.”

KQ had planned to spend Sh800 million in severance pay for those affected by the retrenchment and expected to save Sh1.2 billion annually in labour costs.

About 80 per cent of the personnel affected by the programme however declined to take up the severance package and instead decided to engage their union and sought legal redress.

KQ responded to the court ruling stating its lawyers were studying its implications.

 “In relation to the ruling made by the Industrial Court sitting in Nairobi today on the issue of staff rationalisation programme, Kenya Airways wishes to confirm that it has been made aware of the court’s decision. However, our lawyers are studying the ruling and its implications. We shall advice on the next steps in due course,” a statement released by the airline stated.

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