2nd March Hearing
Dear CPU Member
A pre-trial hearing of The 49ers' case is to be held on 2nd March 2009 at the High Court Building, Queensway, Hong Kong. It has been scheduled for the whole day and is open to the public. As a supporter your attendance would be appreciated. To find the court number and time, go to the following link:
Court Lists
At this hearing matters relating to the breach of contract issue will be heard by The Hon. Mr. Justice Reyes.
Throughout this dispute Cathay has held that, irrespective of the employment protection terms contained in the contract of employment, they had an “unfettered right” to terminate the employment of The 49ers - at any time.
Effectively the question to be resolved is: “Does your contract of employment offer you any employment protection at all or does your employer have an unfettered right to just terminate your employment on notice at any time without giving reasons?”
Why is this relevant to us?
The Cathay vision is to be a “socially responsible company” and Cathay holds itself to be a “career airline”. Our Conditions of Service provide for a contractual Discipline and Grievance procedure “where the principles of commonsense and natural justice” are to apply. Cathay management's treatment of The 49ers and continued defence of their actions against The 49ers suggest the opposite.
Our Conditions of Service are clear, yet consider these contractual breaches:
· Direct Entry Captains stopping junior officers’ promotion
· Failure to pay contractual bypass pay
· Breaches of rostering practices and the AFTLS
· Freighter crewing
Unfortunately the list is long. The reality is that the security of the contract and our careers are at risk. It appears CPA management’s argument is that we have no better than a 3-month contract, irrespective of the various terms, that the Conditions of Service provide.
The 49ers' legal action is about issues fundamental to our contract.
The media and other organisations are showing active interest as the outcome is relevant to the contracts of employment of the wider Hong Kong community.
Among the team of barristers who will be advocating on behalf of The 49ers is Dr. Hon. Priscilla Leung Mei-fun. As well as holding the position of Associate Professor at the City University of Hong Kong School of Law, Dr. Leung is an elected member of the Legislative Council representing the Geographical Constituency of Kowloon West. She is also a highly respected arbitrator and labour advocate and, earlier this month, was successful in moving a motion in the Legco House Committee to relax the eligibility criteria for legal aid in Hong Kong.
Nigel Demery
The CPU was formed on 1st May 2005; Captain Nigel Demery was a founding member. His contribution to the labour movement has been enormous. Nigel celebrated his 55th birthday last month and, surprisingly, Cathay Pacific Airways did not offer an extension to his contract! Not surprisingly, Nigel is pursuing the matter with the Labour Department. The recent press coverage is attached.
HKCAD
Last October, CPU made representation to the HKCAD concerning an Air Safety Report which was inappropriately dealt with by the General Manager Aircrew of CPA. The details of the ASR are on the website. More importantly the response from the HKCAD is attached.
Best wishes
The CPU Admin
And this is just the beginning....