So KQ can now do it rightfully? The workers are doomed, and they will never get good service letters for other employment when they are rightfully terminated.

Absolute utter rubbish ... The airline cannot sustain the workforce with the losses it's made ...does the court want KQ do shut down ...stupid

Eveready n Olympia r about 2 hv a partner

...Place a wager,the high court will still uphold the ruling this guys were given a legal opinion by some law firm they chose to ignore the whole thing and did it how they deemed fit according to them,the only solution....swallow your pride and do it as the court has directed...who should be blamed?A statement I came across 'ignorance is not, and never will be,
a defence – CEOs will be judged not on what they know, but on what they should have known'

Disturbing, disturbing. Somebody remind me when we dropped capitalism.

...The management brought this on themselves no matter how you look at it.

I am one of those who believe the staff were wrongfully terminated but I will also stick my neck out and say I find this judgement mediocre.

I found it wrong that KQ Mgt and BOD could justify to shareholders paying off about 1 Billion to staff in operational areas in the name of shedding off costs to defend margins while we know under project mawingu they will require more of the same staff. I would rather not have spent the 1B and added workload on staff under mawingu. I also know for a fact that it's not those staff responsible for payroll costs increases or the losses. We all know KQ is horribly operationally inefficient. That's the elephant in the room which the BOD and MGT will not look in the eye. So letting hapless staff take a bullet for this to me was MGT and BOD showing extreme cowardice.

In regard to the judgement, the judge acted Ultra Vires. Surely once MGT and BOD had gotten shareholder buy in into the retrenchment, it's ridiculous for the learned judge to attempt to arm wrestle the shareholders, BOD and MGT. He has no such powers. This judgement and the KK cases continue to paint the industrial court in bad light. It's obvious, there is need to get judges with commercial law practical experience in there because business understanding is missing in that court big time. The judgement is full of activism and meant for the gallery rather than being an inference of the labour and commercial laws of the land. I feel sorry for the staff because they are about to resume the ping pong game where the courts and BOD are on opposite sides of the court and they are the balls. This is a case which should have been referred to an arbitrator for the Union and KQ MGT& BOD to negotiate honestly. However using a judgement to arm wrestle management will only leave staff dejected. You bet MGT will ignore the court order and say they already reorganized the organization, positions and work stations and therefore as much as the judgement is live, the positions and jobs it refers to are moot. The only logical option is that the judge orders KQ to return the entire company to it's former set up which would again paint the judge as acting Ultra Vires. What happens to the money that the staff were paid as benefits (assuming it was paid to staff)???? how will it be offset assuming they resume work and are paid salaries from September. I just find this judgement nonsensical really. The judge is giving false hope to the staff. You can't stop shareholders from exercising their right to terminate staff contracts. What is required here is goodwill from both sides and that can only be achieved with an arbitrator not such judgements.

@Maka there is a serious error of law here. It is a well accepted principle under the common law that an employer/ employee relationship cannot be compelled, otherwise we will have something akin to sanctioned slavery.

The most that a court can order is that employees be dismissed proceduraly and they be paid their dues in full.

The employees given compulsory leave!!!!

quote from Kausha

"I feel sorry for the staff because they are about to resume the ping pong game where the courts and BOD are on opposite sides of the court and they are the balls."