Originally Posted by
3Greens
I don’t think anyone is disputing that. I understand both sides legal advice is that LIFO+ is legal
LIFO on its own isn’t.
True that. Selection of employees for redundancy, as a rule, shall never be based on one sole criteria, with the exception when the qualification possessed by a group of employees is no longer relevant to the company. So, if it was a matter of scrapping completely any one fleet of aircraft, the dismissal of its crews would be extremely difficult to oppose in court. It has happened unfortunately, and many times. Nothing in the law can oblige an employer to retrain an employee for a new, relevant qualification, shall their existing one no longer serve any useful purpose to the business.
However, when all fleets are still there, experience can be a contributing factor, but not the sole one. Other matters need to be taken into account as well, i.e. performance of the employee, presence or lack of disciplinary issues, qualifications for any side duties (e.g. line trainer, CRM trainer, fleet technical pilot), progression perspective and so on.