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Old 19th Dec 2009, 17:07
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LD12986
 
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It has gone quiet on the February court case.

I am beginning to wonder whether BASSA has been advised that they are unlikely to obtain a favourable settlement.

That may explain why they went for the nuclear option of a 12 day strike over Christmas.

They may have hoped that events would turn so that they won before the court action.
Behind the scenes work should be well under away gathering evidence, preparing witness statements etc.

The court case is a salient point because of course Unite has called a strike and is now reballoting without knowing whether the issue on which it is balloting has any legal merit or not, leaving it exposed to a massive damages claim if BA wins.

BALPA was criticised earlier for pulling out of litigation with BA over OpenSkies. In fact what BALPA did was leave personal agendas to one side and make a level-headed decision not to risk being liable for considerable legal expenses over an untested issue. Unite is doing the opposite.

Litigating in order to pursue personal agendas and not on the basis of the legal merits of your case usually ends up in disaster. There is nothing at all wrong with knowing when to give up gracefully.

Last edited by LD12986; 19th Dec 2009 at 17:58.
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