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{
    "id": 406473,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/406473/?format=api",
    "text_counter": 10,
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    "content": "(iii) That due process was not followed and the retrenchment was done in violation of both the Employment Act No.11 of 2007 and the Labour Relations Act No. 14 of 2007. (iv) That on 4th September, 2012, we, the said employees, received letters from the head of human resource relationships and rewards, Mr. Tom Shivo, informing us that we had been declared redundant and our last day of working being 4th September, 2012. (v) That on receiving the termination letters, we went to the Industrial Court through our Union of Aviation and Allied Workers, case number No.1616 of 2012 on 13th September, 2012. (vi) On 3rd December, 2012, the Industrial Court judge gave orders that all the sacked unionisable employees be reinstated to their roles held at the Kenya Airways without loss of seniority, continuity, benefit and privileges. He further gave orders that all employees be paid back their salaries and allowances from the month of September, 2012. He further directed that all the employees to report to work on 4th December, 2012. (v)While the employees were still on leave, the Kenya Airways management went to the Court of Appeal and at the same time to the Industrial Court under certificate of urgency and sought orders to stay against the award granted by Justice Rika. Justice Monica Mbaru issued the orders blocking the return of the 447 employees even when the matter was still pending in the Court of Appeal. Again, the Kenya Airways went to the Court of Appeal seeking further orders of stay without informing the Court of Appeal that they had already applied for the same orders of stay from the Industrial Court. (vi) On 12th November, 2012, the then Member of Parliament for Naivasha, hon. John Mututho, took the matter to Parliament which was a petition against the redundancy process and the matter was conclusively investigated by the Departmental Committee on Labour and Social Welfare and the Report was laid on the Table of the House on 4th December, 2012 and adopted by the National Assembly. The said report stated that due process was not followed and retrenchment was done in violation of both the Employment Act No.11 of 2007 and the Labour Act No.14 of 2007. Therefore, it was recommended that the 447 employees be reinstated back to work. Against the recommendation of the report, Kenya Airways went ahead and recruited foreigners to fill the same positions left by the retrenched staff. (vii)Since the retrenchment, the affected employees have been undergoing severe difficulties and life has been unbearable for the months they have been out of employment as they are totally unable to make ends meet. (viii)That further sacking of these employees has led to stigma - and this is difficult to shake off - which includes embarrassment, feelings of worthlessness, social exclusion and depression. (ix) That this issue is not pending before any court of law, constitutional or any other legal body. Mr. Speaker, Sir, at this stage, I would wish to lay on the Table some important documents in support of this petition. First, I table the redundancy notice, the letter that retrenched these sacked staff and the reasons cited are that Kenya Airways was making low profits and there was financial instability. I table this letter dated 1st August, 2013."
}