Kenya Airline Pilots Association v Kenya Airways PLC [2021] KEELRC 2288 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2288
- Citation
- [2021] KEELRC 2288 (KLR)
- Decided
- 22 January 2021
The court held that there is no provision for Covid-19 leave in the parties' Collective Bargaining Agreement, Human Resources Policy Manual, or the Law. The court recommended that Kenya Airways PLC mitigate the negative effects of the pandemic on its business by reducing the leave liability for pilots and providing for deferment of 65% salary.
Facts
Kenya Airways PLC suspended flights due to the COVID-19 pandemic, leading to a reduction in the number of pilots required. The company sent pilots on reduced salary and deferred payment of 65% of their salary. The Kenya Airline Pilots Association (KALPA) requested that leave taken during the pandemic be treated as Covid leave without affecting accrued leave.
Issues
- Whether leave taken by pilots during the pandemic should be treated as Covid leave without affecting accrued leave.
- Whether Kenya Airways PLC should be liable for the accumulated leave liability of Kshs.1,857,355,393.20
Reasoning
The court emphasized that the contract of employment does not take away what the statute has granted, and that the right to accrued leave is better emphasized by the Court's main holding in ELRC Cause No. 226 of 2011.
Outcome
Appeal dismissed
Orders
- The parties are directed to dispose of all pending applications and the claim by way of written submissions.
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