Originally Posted by
flyingmed
From what I've read the pilots are not being fired, they are being offered to change base and remain employed or leave the company. The internal memo which was attached to a previous post seems to show this is the move the company are taking. I worked a few years ago for a European wide company in the automotive industry which closed a branch in the UK and to avoid firing employees they offered to change department or leave. Nobody in that case was paid any form of compensation as it was seen as an attempt by the company to keep everyone employed. This looks awfully similar to that. Unfortunately it looks like all possible outcomes here are going to be very bad for the pilots involved.
Did Ryanair make any agreements with the Dutch pilot union like other countries? I have heard some unions around Europe have come to the negotiating table with long lists of demands on pay and benefits as apposed to laying the foundations for a viable long term strategy to stop base closures & undesired base changes etc. If this is the case that seems more like a strategy to cause problems for Ryanair with strikes etc rather than look out for the wellbeing of the crew they are supposed to be negotiating for.
In Dutch law, if you want to lay somebody off, you will have to prove it is because of 1 of 8 possible grounds.
The only ground that Ryanair can use in this case is the a-ground. For this, they have to prove that they are firing those employees due to economic reasons.
In the verdict on the first of November, the judge has already stated that the base closure is not a proven result of economic reason, but suspectibly done because of the strikes. He sees the closure as a misuse of power.
He has ruled the pilots will have to stay based in Eindhoven, get their salary, and maintain their currency.
So, if Ryanair decides to start a redundancy case to lay the pilots off, they will have to go to Dutch court again and prove the a-ground. Which, in the light of the 1 November verdict, is never going succeed.