PPRuNe Forums - View Single Post - Direct Entry Captains
View Single Post
Old 25th Aug 2008, 15:19
  #94 (permalink)  
joebanana
 
Join Date: Feb 2002
Location: UK
Posts: 155
Likes: 0
Received 0 Likes on 0 Posts
Trevfly, remember this?

I have been advised that the arrangements described in the documents I have been sent by the company including the document entitled “Background to the Decision with Regard to the Future for the Dragonair Freighters from the CEO” and the question and answer document sent by Mike Kitney, constitute a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and that by operation of TUPE my current contract of employment will not terminate but will be transferred to Cathay Pacific Airways Limited with the terms and conditions unaltered. Accordingly I now place on record that I do not object to the transfer of my employment to Cathay Pacific Airways Limited but that I am not resigning from my current employment because my employment will transfer to Cathay Pacific Airways Limited in any event.
and

I am resigning my employment with Dragonair Ltd only because I have been pressurised to do so and because my employer has made express representations that:

(i) my continued employment with Dragonair Limited is at risk;
(ii) Cathay Pacific will not absorb the surplus Dragonair operation once the Dragonair fleet is reduced to three B744 aircraft.

The second of those representations has been made for the first time on 12th March 2008. I trust that that representation derives from Cathay Pacific which knows and intends that it shall be passed on to me. The deadline for acceptance of employment with Cathay Pacific is 14th March 2008. Given the time available, I have been given insufficient time to explore what Cathay Pacific means by it.

I suspect and believe that my employment is in fact to be transferred to Cathay Pacific and I am being pressurised to resign so as to enable Dragonair Ltd and Cathay Pacific to avoid their obligations to me under the Transfer of Undertakings (Protection of Employment) Regulations 2006. I consider further that my employer is in breach of its obligation to me under the implied term of trust and confidence within my contract of employment.

In order to mitigate my losses and in reliance on the representations set out above, I accept the offer of employment with Cathay Pacific, but I do so without prejudice to my claim that my employment is in fact to be transferred and that I retain my original terms and conditions of employment with Dragonair Limited.
That was the advice given to all UK based pilots (TUPE only applies in the UK and not HKG).

Why are you now bleating about the 7 year FCS operation that has been accepted by all as a part of Dragonair? I certainly didn't hear any whingeing from you in the last few years.

Krone, what are you smoking?

The freighter option was an easy command in KA......Would these guys have made it so easily in KA HK
Many guys did go to HKG and made a great success of it. The same as many HKG airbus pilots came to the Classic and made a success of their time on 747. There is no 'easy ride' in KA, just a standard to reach no matter what fleet you are on.

I'm astonished and saddened by the vitriol being directed at pilots in the same company, particularly those who have worked tirelessly to improve the lot of all, when they are simply trying to salvage some sort of career from the wreckage of Cathay's actions.
joebanana is offline