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Kenya Airline Pilots Association v. Kenya Airways Limited

(2020) JELR 100150 (CA)

Court of Appeal  •  Civil Appeal 276 of 2017  •  22 May 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

This is a first appeal arising from the Judgment of the Employment and Labour Relations Court (ELRC) at Nairobi, Hellen Wasilwa, J dated 1st March, 2017.

The background to the appeal is that, the Respondent is a Corporation registered under the Companies Act Cap 486 Laws of Kenya and operating the business of Domestic and International Passenger and Freight Services, while the Appellant is a registered Association whose membership includes employees of the Respondent. It was in the course of the above mentioned operations that the Respondent engaged the services of thirty-nine (39) pilots in total among them the aggrieved pilots for purposes of flying the B777 Aircrafts.

In the year 2014, the Respondent suffered reduced business growth returns, and decided to exit its B777-2000 and B777-300 Aircraft Fleet and offer early retirement with full benefits to ten (10) pilots among them the aggrieved pilots effective May, 2015.

Between 14th January and 5th March, 2015, the …

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