Court reverses ruling on rehiring of KQ staff

By Lucianne Limo

NAIROBI, KENYA: The recently reinstated Kenya Airways employees have suffered a major blow following a court decision to reverse an order that gave them back their jobs.

The Industrial Court ruled that the 447 employees should not be reinstated until an appeal filed by the airline at the Supreme Court is heard and determined.

Kenya Airways had moved to court to seek orders stopping a directive requiring them to reinstate some the employees it sacked in September through its rationalisation programme.

The airline asked Industrial Court Judge Monica Mbaru to stay a court order issued by Justice James Rika directing KQ to take back the 447 of the 578 employees that it had sent home. KQ told the court it had lodged an appeal at the Court of Appeal.

On Monday, Mbaru issued temporary interim orders of stay pending an appeal lodged at the court.

“In an application of such nature, the court only seeks to ensure and be satisfied that the appeal is arguable and that if the stay of execution is not granted, its result will be rendered nugatory,” she ruled.

She noted that the copy of the appeal already filed includes grounds that raise substantial points of law.

While seeking stay orders, KQ argued that in compliance with courts orders, the company had reinstated the affected employees and has processed and paid their back-salaries and allowance from September.

It claimed that it paid a total sum of Sh163,660,124 to the affected employees.

Abolished positions

The company further said it also sent the said staff on leave while it grappled with the task of integrating them back into their workforce as the positions which they previously held had been eliminated or abolished.

KQ told the Industrial Court judge that the company intends to appeal the said ruling and has lodged a notice of appeal as well as applied for proceedings in order to enable it prepare and lodge a record of appeal.