Kenya Airways planes at Jomo Kenyatta International Airport.
BY SAM ALFAN.
Kenya Airways management has been halted by the Industrial court from entering into Collective Bargaining Agreement with new Trade Union.
Industrial court Justice Nzioki WA Makau issued the orders on an application filed by Aviation and Airports Workers Union, accusing the company for terminating its recognition and shifting deductions to the newly registered organization trading as Kenya Aviation Workers Union.
The judge said that pending the hearing and determination of the application before court the management of the national carrier should not entertain or remove deductions from the unionisable employees and transmit them to the new trade union.
Justice Makau further ordered that while the matter is still pending before court union dues of unionisable employees of Kenya Airways be placed in an escrow account and there should be no further negotiation of any CBA between the management of Kenya Airways and the newly registered trade union.
The court was told by the applicant’s lawyer Steve Mwenesi, that Kenya Airways have recognition agreement dated December 2008 and have CBA for the year 2010/2012 and have been in the process of negotiating for 2012/2014.
Mwenesi said that while the negotiations were still pending, the Aviation and Airport Workers Union received a letter from the management of the company purporting to revoke the recognition agreement, which move was contrary to section 54 of the Labour Relations Act.
He said the management has recognized the new trade union and proceeded to sign a CBA despite protest from the applicant and dispute pending in court.
The court heard that the management further sent the applicant 984 letters purporting to be resignation of members from their old union.
The lawyer submitted that the applicant has subsisting recognition agreement and CBA with seven companies within the Aviation sector which includes Kenya Airways, Kenya Ports Authority, Kenya Civil Aviation, Kenya Aerotech, Swiss port, Trade winds limited, Air Kenya and Bollore limited, saying that the move to terminate the recognition is made in bad faith.
Kenya Airways while it’s aware that CBA was in force on September 2012 unlawfully terminated the service of 447 members of the applicants on unclear terms and their dispute is pending in court.
The judge directed the matter be heard inter parties on July 28.