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AVIATION & ALLIED WORKERS UNION OF KENYA
V.
KENYA AIRWAYS LIMITED & 3 OTHERS

(2017) JELR 105515 (SC)

Supreme Court 28 Jul 2017 Kenya
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Case Details

Suit Number:Petition 4 of 2015
Judges:Jackton Boma Ojwang SCJ Isaac Lenaola SCJ Mohammed Khadhar Ibrahim SCJ Philomena Mbete Mwilu SCJ Smokin C Wanjala SCJ
Other Citations:Aviation & Allied Workers Union of Kenya v. Kenya Airways Limited & 3 others [2017] eKLR

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The appellant filed its appeal to this Court pursuant to Article 163 (4) (a) of the Constitution of Kenya, 2010. The petition, dated 19th May, 2015, is an appeal from the Judgment and Orders of the Court of Appeal at Nairobi, dated the 11th July, 2014 in Civil Appeal No. 46 of 2013.

B. BACKGROUND

[2] In September, 2012, a group of 447 employees of Kenya Airways Limited (KQ) were relieved of their duties, as part of a staff rationalization programme that had been initiated by KQ. The affected employees, through their union, Aviation and Allied Workers Union Kenya (the appellant), filed a suit at the Industrial Court (Industrial Cause No. 1616 of 2012), seeking inter alia, the following Orders:

(a) a declaration that the affected employees have suffered unfair and wrongful redundancy;

(b) an Order that the affected employees be reinstated to their former employment and positions without any loss of benefit and/or seniority;

(c) in the alternative, the …

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