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Class Action Against Qantas

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Old 30th Oct 2011, 09:40
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Class Action Against Qantas

Quick discussion this afternoon (Sunday) suggests that if the lockout was premeditated, and Qantas accepted money for tickets after the decision to shut down the airline was made, then they have not been acting in good faith.

The outcome of that, if it is true, will be a class action lawsuit by stranded passengers against Qantas on Monday morning. You cannot take money for a service you have no intention of providing. Joyce, and the Board, have shot themsleves in the foot.
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Old 30th Oct 2011, 09:46
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Let alone legal action to be taken due to disproportionate action by the company. But they have never worried about paying some fines before
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Old 30th Oct 2011, 10:09
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Go for it sunfish! I would bet my house that you won't... let alone win
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Old 30th Oct 2011, 10:55
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Not to mention breaching various state trade practices acts by selling a service they had no intention of providing, IF the premeditation can be proven. Big if though, and the states seem more concerned about getting the flights back in the air what ever way possible than upholding their own legislation. Short term goals for short term gain; that's the State Government way!
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Old 30th Oct 2011, 11:12
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Unless there is a memo somewhere actually stating that they where going to do it at 5 pm Saturday it is unlikely to win. You can bet the lawyers have dotted the I's and cross the T's. Every thing else can just be called planning for a likely hood incase of over reaction by the Unions after the board meeting. Sad but thats life, probally shouldn't have used the words "baked slowley".
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Old 30th Oct 2011, 12:03
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Good point sunfish!!

If its good enough for tiger to have to suspend ticket sales - so should qantas.

More to follow

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Old 30th Oct 2011, 12:43
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Sunfish.

The ALAEA has just made this point to the tribunal!!

Qantas are still selling tickets for Wed and Thurs. either:

Joyce is bluffing

Or

Consumer affairs should be knocking on his door tomorrow morning as they did with Tiger!!

More to Follow

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Old 30th Oct 2011, 12:46
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rh200, according to this article on SMH there was such an email from BB, though JQ are now saying that the date was incorrect on the email/memo. I guess IT can confirm that if it goes that far..

'Nonsense': Jetstar responds to pilots' email claim
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Old 30th Oct 2011, 13:00
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according to this article on SMH there was such an email from BB, though JQ are now saying that the date was incorrect on the email/memo. I guess IT can confirm that if it goes that far..
Yep its either a mass own goal or a simple stuff up, frankely it wouldn't surprise me either way.

Forensic IT techiques can easily determine that.
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Old 30th Oct 2011, 13:09
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I'm sorry but no matter how much of a hurry you are to send an "ops normal" email, the least thing you would do is proof read it

Especially with such an important email!

GARBAGE from J*
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Old 30th Oct 2011, 13:35
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Well there goes BB's promotion when Joyce gets the boot!

Just wipe the slate clean and start again.
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Old 31st Oct 2011, 01:04
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sunfish , get a life you are a dreamer and soooooo silly
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Old 31st Oct 2011, 02:05
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Let alone legal action to be taken due to disproportionate action by the company. But they have never worried about paying some fines before
What "disproportionate action" are you referring to mcgrath50?
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Old 31st Oct 2011, 05:44
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Absolute poppycock

The outcome of that, if it is true, will be a class action lawsuit by stranded passengers against Qantas on Monday morning. You cannot take money for a service you have no intention of providing. Joyce, and the Board, have shot themsleves in the foot.

A representative action my foot where is the universal hurt ??
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Old 31st Oct 2011, 06:30
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Minister Albanese was saying on the ABC that, at the FWA hearing, a Qantas Risk Assessment for locking out pilots and shutting down the airline ... dated 20th October... was tabled.

Interviewer said Qantas would say its only good forward planning.

Albanese asked the interviewer whether he thought the ABC has a similar document prepared and sitting in its bottom drawer?
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Old 31st Oct 2011, 07:15
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It's hardly surprising that most organisations in a crisis or dispute have multiple pre-planned actions. Bit like planning for a diversion if wx is an issue prior to commencing a flight.

Why would anyone not have contingencies pre-planned?

I guess Albanese and Gillard are pre-planning their next jobs too.....! [Tim might have to get a job!]
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Old 31st Oct 2011, 07:41
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Quick discussion this afternoon (Sunday) suggests that if the lockout was premeditated, and Qantas accepted money for tickets after the decision to shut down the airline was made, then they have not been acting in good faith.

The outcome of that, if it is true, will be a class action lawsuit by stranded passengers against Qantas on Monday morning. You cannot take money for a service you have no intention of providing. Joyce, and the Board, have shot themsleves in the foot.
For all legal attacks there is a set of defences, and they have already presented it. Their claim is that their action was by economic force majeure. It is a common law defence, and is judged by the actions of a reasonable person in their situation.

As such in judging it they must look at it from the view point of a corporate director in that current situation, where the brand is being public bashed. Their responsibilities is to the shareholders as a whole, not individually (the creditors only in special situations but not an issue at this time). As such they are have a legal responsibility to minimise the damage to the shareholder's investments. If they can show the actions from the unions caused economic damage to the brand, as that the continued action would be greater than what occurred then they have a defence. FWA have already accepted it as part of their ruling so most courts would throw out any such action unless a error can be shown.
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Old 31st Oct 2011, 08:57
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.! [Tim might have to get a job!]
with her super I doubt that, just sit back, relax and take it in. Wish I had my snout in the same trough
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Old 31st Oct 2011, 08:59
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Well, it would appear that Qantas was quite justified in continuing to sell tickets for Wednesday and Thursday.
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Old 31st Oct 2011, 09:08
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I'm really really confused; where was there a reasonable action in this?
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