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Old 18th Feb 2010, 21:00
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bitsnpieces
 
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Here is from an email from bassa:


BASSA > Latest News
Court case result due tomorrow
Feb 18th, 2010 by admin

Malone vs British Airways

Devereux vs British airways

Stott vs British Airways

Several individual crewmembers pursued a court case against British airways on behalf of every British Airways crewmember.

The case was heard between February 2 -5th and concluded on Monday 8th February at The High Court.

Our Union, Unite paid for the legal costs to pursue this action, approaching £1.2Million.

Essentially the case centred on fairly complex interpretations of contract law.

There is no question that British Airways have broken the binding agreements that existed between us over crewing levels.

This case however focused on the inclusion of those crewing levels as a specified part of your contract of employment.

Your agreements on the opening pages clearly state that they are part of your contract of employment.

British Airways have argued that this means only “certain parts” but not others, though, which parts, they have not made clear or ever specified.

Will we win? In truth nobody knows, there are too many variables, In the end it will come down to a single Judge interpreting previous contract and case law.

We have a strong case, and that’s why we decided to pursue the action taken, but will we receive that justice? Nobody knows, especially after the injunction of our December ballot.

The judgment can take various forms around contract, mitigation restitution and remedy. Either side could appeal.

We believe it was certainly worth pursuing through the courts. We have John Hendy, one of the leading, if not the leading Queens council specialising in employment law in the country, and the 100% backing we have received from our Union - all of which we greatly appreciate.

British Airways have also spent several million pounds defending their position.

We may or may not win tomorrow but we have given it a damn good go. Less than 48 hours later our ballot result will also be announced and that is a second further opportunity and option for us to fight these impositions.

To be clear the court case ruling will not affect the legitimacy or legality of our ballot in anyway. And we are fortunate to have a further option of industrial action - and it is one we will use if necessary.

The court case does not affect our ballot. Win or lose; only your votes soon to be counted will affect that.


Please note: This message should not be copied, circulated or published without express prior agreement with BASSA.


Not sure if this link has been posted allready:

Report: British Airways strike gets the go-ahead | Cheapflights.co.uk


Sorry if I posted somethin wrong.
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