KENYA AIRWAYS TAKES GRIEVANCE WITH LABOUR COURT RULING TO COURT OF APPEAL
(Posted 21st December 2017)
As suggested two days ago, when reporting about this issue – link to the article shown here https://atcnews.org/2017/12/19/kenyas-labour-court-deals-blow-to-kenya-airways/ – has Kenya Airways taken the scare mongering ruling by Judge Helen Wasilwa to the Court of Appeal. The airline is seeking reprieve by the Appellate court to overturn a decision which would have compelled it to re-employ wild cat strikers who were sacked for cause.
Judge Wasilwa meanwhile faced the combined wrath of the aviation industry and was made a laughing stock over her unsupported claim that aircraft operated by Kenya Airways, as a result of the sacking of the wild cat strikers, were unsafe. Sources close to the KCAA and to the airline both confirmed that a series of ramp and other checks have been carried out on a regular basis on KQ aircraft, all confirming that each and every aircraft meets airworthiness standards, something the clueless judge of course has no idea about as she selfstyled herself as an aviation expert, forgetting that the ‘learned community’ has neither training nor technical knowhow to render such judgemental calls.
Kenya Airways in seeking the reversal of Wasilwa’s ruling also cited a breach in the rules of procedure in asfar as the airline was given no opportunity to make representation before Wasilwa ruled nor was any expert witness called, leave along the KCAA as supervising regulatory body to testify about aircraft safety and airworthiness of the KQ fleet.
While Kenya Airways complied with the reinstatement order per se did the airline then send all technical and engineering wild cat striking staff on compulsory leave while seeking to put right what essentially is right, apart from individual beliefs of one judge Wasilwa.
As a result has ‘Judge‘ Wasilwa – clearly someone quick to rush to judgement – have to suspend the case before her. Should the Court of Appeal overturn her decision might she have to recuse herself from the proceedings over claims which will no doubt arise of bias and trampling on plaintiff’s rights.
Watch this case unfold right here as and when the Court of Appeal ruling becomes available.