Mr Wambola said the workers did not go on unprotected strike on November 28, as alleged and hence their dismissal on those grounds were and remain wrongful, unfair, unlawful, and unconstitutional.
“The claimants have only been agitating for better remuneration, which is a right of every employee and is protected by the law and the constitution,” lawyer Wambola.
The embattled workers said the aviation industry is a small one with Kenya Airways as the single largest player in the country and region. It would therefore be almost impossible for all of them to be absorbed by the smaller players, the workers said.
The skills and experience they have acquired, they noted, cannot be utilised in any other industry except aviation, which industry unfortunately has no capacity to employ all of them.
In addition, they argued, since the industry is small and Kenya Airways has dismissed them in large numbers and announced through the media that it has dismissed them on account of gross misconduct, no employer in the small industry that provides a very sensitive service is ever going to employ any of them even if the allegations against them are finally disproved by the court.
“Kenya Airways has damaged the reputation of these technical workers almost permanently in the eyes of potential employers,” Mr Wambola said.
Justice Wasilwa certified the application as urgent and directed the lawyer to serve Kenya Airways with the court papers.
The case will be heard on December 18.