O'Leary going to Jail?

[Shamrock 602]

Hi BillHicksRules,

I think Aloue answers some of the questions you raised... the fact that further documents were lodged on the day the ruling was due seems to be significant. It was also reported that the court was told that Capt Goss underwent further tests in the Netherlands since the earlier hearing last week to assess concentration, and had passed.

I'm actually relying on various press reports, but court reporting does tend to follow a rather dry and factual approach. (That's partly because reporters can be hauled before the judge for contempt if they sensationalise, or report only one side.)

With Capt Goss's return to flying duties, it seems the contempt would have ended. That makes a prison sentence less likely, but a fine is still an option. We'll know next Wednesday.

And the main case is due to open on May 31st. The events of the last few weeks can not have done Ryanair any good in that regard. When there's a result in the substantive case, that may of course be appealed to the Supreme Court.

Below is a piece from The Irish Times on the various legal challenges mounted by and against Ryanair in the Irish courts. (Have to paste the whole thing as it's subscription only.)

Reference to the Labour Court, by the way, is to a statutory industrial relations tribunal. A small minority of employers have also chosen not to attend its proceedings.

This thread has life in it yet...

Shamrock 602

Ryanair set to have long, hot summer in the courts
by Siobhán Creaton Finance Correspondent

The Irish Times, Friday 20th May 2005


Ryanair is becoming a fixture at the High Court. This week Michael O'Leary was in court 15 sitting close to Capt John Goss, one of the airline's eight most senior Dublin-based pilots who was seeking to have him jailed for contempt of court. Goss is also seeking an order for the seizure of Ryanair's assets.

Mr O'Leary will have to don his smart shirt and blazer again on Wednesday to hear Mr Justice Barry White's decision on the matter and for the many more court appearances scheduled over the coming weeks and months.

Justice White closely observed Mr O'Leary during recent appearances. At the end of one hearing he said: "I have observed Mr O'Leary chewing on a biro from time to time. Is that indicative of stress on the part of Mr O'Leary or lack of respect for this court?" he asked. Ryanair's counsel, was quick to assure him that O'Leary "understands absolutely" the court's importance. " is entirely understanding or your lordship's powers and is fully respectful of the court."

One source amongst the airline's pilots quipped that given the raft of cases pending that involve the airline, the High Court is rapidly becoming Ryanair's industrial relations department. "They are using the courts as an instrument of corporate policy" he suggested.

Its a costly business and is a time consuming exercise for O'Leary and his top executives charged with running one of the world's most profitable airlines.

The Goss case is one of a series of courtroom battles in a bitter row between Europe's biggest low-fares airline and its 100 Dublin-based pilots.

Goss was suspended in April after he was accused of being involved in the intimidation of pilots. He sought and obtained an injunction against Ryanair and on April 27th a judge ordered that he should be returned to flying.

Leaving the court that day, O'Leary told journalists he expected Goss would be back in the cockpit as soon as possible. But this didn't happen. Ryanair explained that Goss hadn't been rostered for duty on safety grounds and that he was suspended on full pay until a court hearing scheduled for May 31st and any subsequent disciplinary process was concluded.

Goss returned to the High Court this week claiming Mr O'Leary, David O'Brien, head of flight and ground operations, and chief pilot Ray Conway, by their actions were failing to obey the court orders. Yesterday Ryanair explained to the Judge that Goss was now on the roster and would be flying.

In his dispute with his employer Goss is alleging that Ryanair is conducting a campaign of bullying and harassment against him because he is seeking to use normal industrial relations procedures in his dealings with the airline, and to have his concerns represented by the Irish Airline Pilots Association.

Separately Goss and some of his colleagues have made 170 claims of victimisation to the Labour Relations Commission, many of which are multiple complaints. Ryanair's eight senior pilots, including Goss, were the first group to take this action last November on foot of a dispute over their right to training on Ryanair's new Boeing 737-800 fleet of aircraft and their contracts and rights where redundancies are sought.

Other claims subsequently followed, including fresh complaints in the past week, with Ryanair's decision to withhold a 3 per cent pay increase for the pilots while awarding it to the rest of its staff. The airline said the pay rise was awarded to staff who negotiated directly with the company adding that the pilots had chosen not to.

Under the terms of the new Industrial Relations (Miscellaneous Provisions) Act, each pilot could be awarded compensation of up to €260,000, equal to two years pay. It has been suggested that a further 70 such complaints may still be filed.

The first of these claims is due to come before a rights commissioner in mid-June when Ryanair and Ialpa will be invited to discuss it.

Ialpa has taken a claim on behalf of the Ryanair pilots to the Labour Court seeking to obtain a copy of their contracts of employment, the terms for their switching to the new aircraft and an agreement on redundancy terms. Ryanair argued that the Labour Court was not entitled to hear this claim but lost and is now taking a judicial review.

Ryanair has staunchly defended its right to stop the Labour Court from interfering in the running of its business. It claims these tussles are all about the pilots wanting Ialpa to represent them in their negotiations with Ryanair and about the carrier being forced to recognise trade unions.

All of Ryanair's Dublin-based pilots are members of Ialpa and the airline's pilots across Europe have formed their own association, the Ryanair European Pilots Association (Repa). They claim this battle is not about union recognition but is about clarifying and protecting their terms of employment and working conditions.

Yet another legal action is due at the end of June. This time Ryanair is claiming that the Repa website is being used to intimidate its pilots. The airline is seeking to discover the identities of some of the site's contributors it claims have been intimidating other Ryanair pilots.

O'Leary can be assured there will be plenty of journalists and cameras around in case he is carted off to jail on Wednesday. The man who views all publicity as good publicity seems set to keep making the headlines as the court battles continue.

© The Irish Times