This archive report was first published on 15 November 2019.
On November 14, 2019, the Employment and Labour Relations Court ruled in favour of Kenya Airways (KQ), allowing the airline to hire new pilots on contract. High Court Judge Onesmus Makau made the ruling, stating that the airline can proceed with hiring local pilots who are not part of the pilots' union.
The ruling is likely to escalate a trade dispute with the Kenya Airline Pilots Association (Kalpa), which accuses KQ of reneging on a Collective Bargaining Agreement (CBA). Kalpa had recently suspended further CBA negotiations with the employer and filed a trade dispute seeking arbitration with the Labour Ministry.
KQ's lawyer, Peter Ondati, argued that the CBA gives the airline discretion to engage pilots on two-year fixed-term contracts to facilitate route expansion, training of current pilots, and reduction of pilots' accumulated leave. He stated that KQ faces a shortage of over 60 pilots, but there are 44 pilots currently undergoing training, taking the deficit up to 106 pilots.
KQ Chief Human Resources Officer Everlyne Munyori told the court that the current standoff continues to plunge the airline into losses due to flight cancellations and a high wage bill. She stated that one of the major reasons for flight cancellations is the shortage of KQ pilots.
Justice Makau will make the final ruling on November 29. The airline has maintained that it is in 'full compliance' with the provisions of the CBA, which allows it to recruit contract pilots whenever there is a shortage.
