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Old 30th Jul 2010, 11:00
  #949 (permalink)  
Juan Tugoh
 
Join Date: Apr 2004
Location: UK
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Saftey Concerns

SSK, it isn't about opinions. Somethings are wrong. Indiscriminate punishments are wrong. If there is anybody here who doesn't agree with that, we have a far more serious problem than I thought.
But it is about opinions. Opinions are all we have until a court has decided whether BA have acted illegally.

Here is a hypothetical situation for you to ponder,

BASSA members go on strike, the strike is protected, but within that period the strikers are fired. They are illegally dismissed and take BA to a tribunal where they are automatically deemed to have been unfairly dismissed and are awarded compensation within the law up to the legal maximum of £66,200 but in most cases significantly less, the median award for this is £3,800. They are not re-instated as the tribunal cannot force BA to do that only order compensation for lost earnings.

So BA have clearly acted illegally in my hypothetical case and get punished but how does that significantly help the strikers? They have lost their jobs and are likely to get a small amount of compensation which is limited by their earnings and by an absolute limit.

My point is simple, just being right is not enough, there is no moral justice - only the law, which is blind and has no memory, it acts in accordance with its own logic and it can produce crazy outcomes. You have to know what you want out of the system, often the court will not order the system to restore itself to it's initial conditions but will order compensation, even then what the "victim" has done to mitigate their losses is important.

So consider this, those who chose to reside abroad and rely on ST to get to work, yet have refused the return of ST have done nothing to mitigate their losses. The court may order that any costs incurred after the offer of ST reinstatement was made are self-inflicted and therefore will attract no compensation. Or it may decide that as you are required to be within 2 hours of your base to cover your duties that failing to arrange to be within this time frame has also placed you outside any mitigation of costs and therefore your compensation is reduced.

Bottom line, even if ST has been removed illegally, by winning the case, which will take years as BA will appeal to the highest court in the land, does not mean ST will be returned but rather that some, limited, compensation will be awarded. If the Human Right line is followed this could take much longer and again only end up with some compensation - see Danilenkov vs Russia.

Being "right" is not enough, you need to act to protect yourself before you lose perks like ST, once gone, even though you have won in court all you may get back is a paltry amount of cash. You "win" but still effectively lose.
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