FriFagbevegelse | Nytt nederlag for Norwegian
those working for Norwegian claims it pursues unlawful hiring and requires employment with the company they believe is their real employer. The Court of Appeal gives it authority that the case should be tried before the courts.
Erlend Angelo
Norwegian appealed, but Court of Appeal states that pilots and cabin crew should get tried his case in the courts.
Yngvil MORTENSEN
[email protected]
Published 01.21.2016 at 13.21
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The eight pilots and six cabin crew who last year sued Norwegian claims it pursues unlawful hiring and requires employment with the company they believe is their real employer.
Norwegian call requirements abstract, and requires that the court dismisses the whole matter. The airline claims the pilots and the cabin crew have no "legal interest" of a judicial clarification of the question of who has employer responsibility for them. It is both the District Court and now Court of Appeal disagreed.
"It is (...) a real straight uncertainty, the appellant contests the existence of an employment relationship (wholly or partly) between the parties," says the ruling.
• Read more about the case
- Ready ruling from the Court of Appeal
Attorney Christen Horn Johannessen in the legal department of the union Parat represents pilots and cabin crew in the case.
- In our assessment, the Court of Appeal ruling right and very clear that the plaintiffs have a legal interest in obtaining a clarification of Norwegian Air Shuttle (parent company of Norwegian, journ.anm.) Is their employer, says lawyer FriFagbevegelse.
- The High Court through its rapid handling the case also done what it can to prevent this kind of procedural objections means that a legal claim can be delayed by the it is aimed at.
The ruling was handed down Monday this week.
Requires permanent employment of the parent
Requirements for employment in and a collective agreement with the parent company, the real employer was the core of last year's pilot strike.
Two years earlier had Norwegian changed its corporate structure and created several subsidiaries. Amid the strike last year established Norwegian three new subsidiaries and moved pilots there. The Norwegian pilots were moved to Pilot Services Norway, which is registered under the industry "provision of personnel" and the crew to the subsidiary Cabin Services Norway.
If the court finds that there are unlawful hiring, they claim judgment that they have permanent employment with the hirer - Norwegian, according to the Working Environment Act §14-14.
Norwegian disagrees that this is contract labor. Norwegian believes that the subsidiary Pilot Services provides an enterprise on a pilot service.
FriFagbevegelse has not yet succeeded in getting a comment from Norwegian to the ruling.