Kenya Airways (KQ) flights are expected to resume at the wee of Wednesday, November 9 after the court compelled pilots to return to work unconditionally, ending a four-day strike that had paralysed the operations of the state-owned airline.
In a brief ruling, Labour Relations Judge Anna Mwaure ordered the pilots to temporarily resume their duties pending the hearing and determination of the suit filed by KQ.
This directive comes after the parties failed to come up with a return-to-work formula as ordered by the court yesterday morning. The mediation stemmed from the airline’s attempt to have the leaders of the Kenya Airline Pilots Association (KAPLA) convicted and sentenced for disobeying a court order to call off the strike.
While ordering the pilots to resume work by 6 am unconditionally, Justice Mwaure has ordered KQ not to harass or intimidate the pilots.
“Kenya Airways to allow the pilots perform duties without harassing, intimidating or taking any disciplinary action against them pending determination of the suit, “Justice Mwaure directed.
The judge observed that the strike had far-reaching effects on the country’s economy and the industrial action was against the court order.
Dispute mediation
“I’m aware there is a grave industrial dispute here but a country exists because its subjects obey the law. And this is not to be taken lightly and sanitized by the court,” Justice Mwaure said.
KQ and the pilots’ union and members were further barred from commenting on the case in the media pending the determination of the suit. The parties were also ordered to continue engaging in mediation with a view to solving their differences on the dispute.
The Kenya Airways pilots were also granted until Friday this week to file their pleadings in the case giving a reason as to why the court should not punish them for contempt of court.
The decision by the court to compel the pilots to return to work came after the negotiations directed by the Court flopped. The negotiations were expected to see both sides drop their hardline stances on the dispute and have the pilots agree to resume work. KALPA is said to have disobeyed the October 31 order issued by Justice James Rika requiring pilots to halt their strike.
However, KALPA, comprising close to 400 members, proceeded with the strike on Saturday, November 4 leading to the grounding of several planes that left thousands of passengers stranded.
The impasse between KQ and KALPA had attracted the attention of other business and sector unions which hugely depend on the aviation industry.
The Federation of Kenya Employers (FKE) yesterday called for an alternative dispute resolution (ADR) mechanism to break the gridlock, citing possible ripple effects to the entire economy if the strike extends.
“Industrial action should be the last resort after the exhaustion of all dispute resolution mechanisms including mediation. The ongoing industrial action is going to have serious consequences, not just for individuals but for the wider economy. The strike action has inevitably caused disruption, delays and cancellations of flights affecting passengers across the network who cannot travel for business, medical or leisure,” said FKE Executive Director and CEO Jacqueline Mugo.
Other than deepening KQ’s financial woes, the delayed and cancelled flights have disrupted many business engagements, and medical appointments, and triggered losses to exporters especially those in the horticulture and agricultural sector.
Disruption in cargo freight has for instance caused huge losses to farmers whose perishable goods are due for export. The horticulture sector estimates that it is losing roughly Sh200 million daily due to the strike, and a continued impasse could also unlock job losses.
In anticipation of a return to normalcy, the airline says it will have to intensify its efforts to compensate for losses, inconveniences, and disruptions witnessed in the last four days of the strike.
“The path to recovery will be difficult and will require the airline to redouble its efforts to restructure, lower costs and increase staff productivity as well as recover the time, money and reputation lost,” KQ CEO Allan Kilavuka said after the court ruling.
The horticulture sector is for instance witnessing a peak in demand as the festive season and February-slated Valentine’s Day next year approaches. Kenya also exports other products like avocado, which recently entered the global market and there is a need for the country to maintain the supply.
Despite the call for ADR and KALPA’s proposal for the dispute to be referred for mediation, KQ, through John Ohaga said “a party can not be in breach of a court order and at the same time seek to have the Alternative Dispute Resolution.”
Court compliance
“We can not go to mediation in the present status of affairs,” Ohaga said while insisting on compliance to the court orders dated October 31.
KQ had accused 11 Kalpa officials of contempt of court proceedings which led to their summoning in court yesterday. Summoned officials include KALPA Chairperson Capt. Timothy Njoroge, his deputy Capt. David Magwa, Capt. Mureithi Nyagah, KALPA’s General Secretary & CEO, Capt. Dzochera Warraakah, the Assistant General Secretary and Capt. Wilson Mathu, the Assistant Treasurer, among others.
The airline accused them of staging the induction despite the court order and urged the court to punish them accordingly.
“ The applications before the court are replete with evidence of attempts made by COTU, Transport CS and Labour CS to mediate the parties. They have been frustrated in trying to resolve the dispute and the doors are not closed because there is a dispute that has to be resolved,”said Ohaga.
On its side, KAPLA officials through lawyers Kimani Kiarie and Levie Kariuki asked the court to grant them seven days to respond to the court case.
“Every member cited for contempt has a right to seek representation. Holding them in contempt is tantamount to a denial of the right to a hearing. The officials need sufficient time to appoint advocates of their choice in the contempt proceedings,” said lawyer Kariuki.
KAPLA said that since the induction commenced on Friday many meetings have been held between the parties, the last being last night chaired by the commissioner of labour in the Ministry of Labour.
Lawyer Kiarie informed the court that so far 70 per cent of the issues have been covered and the contempt orders are in the middle of the negotiations.
The case will be mentioned on November 21 to confirm the progress on compliance and mediation.
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