Kenya Airline Pilots Association v Kenya Airways PLC [2021] KEELRC 2288 (KLR)
The bottom line
#The Employment Court ruled that leave taken at reduced pay during COVID must be credited proportionately, and halted disciplinary action against Kenya Airways pilots.
What this practically means
#Executive summary
#Key legal issues
#How leave taken during the COVID-19 period should be handled
Leave taken at reduced pay should be converted into days based on the fraction of salary paid and recovered proportionately from accumulated leave, or the employer may pay full salary and offset leave on a 1:1 basis
Annual leave is a statutory entitlement on full pay. It was inevitable that pilots be on leave during the lockdown when no flights were allowed. Sending an employee on leave at reduced pay when the leave was accumulated at full pay is illogical; a day's leave taken at 25% reduced salary should be deducted as only 25% of a day's leave, since deducting a full day would mean leave was not granted on full pay as the law requires.
Whether the disciplinary process against claimant members who refused extended duty times should continue
The disciplinary action should be terminated; both parties were at fault during the impasse
The employees' refusal to work longer hours amounted to insubordination, and working longer hours is within the employer's prerogative. However, the employer was insensitive in imposing longer working hours without consultation amid the hostile disagreement over the May COVID agreement. Given the fault on both sides, the court found no justification for continuing the disciplinary action and directed it be terminated.
Whether the Respondent's named officers were guilty of contempt of the orders of 8th June 2020
No contempt established; the claimant's contempt application was dismissed
The court took into account the uncompromising stance of both parties, their subsequent compromise, and the Respondent's explanation that some members were already on annual leave on reduced pay and that only the status quo was maintained. The officers did not deliberately set out to disobey the orders, so the circumstances did not qualify as contempt.
Legal principles established
#- Annual leave is an entitlement under section 28 of the Employment Act and must be on full pay; where leave is taken at reduced pay, deduction from accrued leave must be proportionate to the salary actually earned
Court orders
#- 1.The application to cite the named officers of the Respondent for contempt is dismissed
- 2.The disciplinary process against members of the claimant arising from disagreement over extended flight times are terminated
- 3.The Respondent is directed to handle leave during Covid period in either of two ways: (i) assign the leave taken proportionately to the salary earned during the period of leave, or (ii) pay full salary during the days on which the employees were on leave on reduced pay
- 4.There shall be no orders for costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act over the employment dispute; claim anchored on Article 41 of the Constitution and section 59 of the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Airline Pilots Association v Kenya Airways PLC [2021] KEELRC 2288 (KLR)", Case Analysis (2021). ELRC Cause (claim dated and filed on 6th May 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2288/eng@2021-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.