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Ryanair pays £40,000 to pilot in unfair dismissal case

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Ryanair pays £40,000 to pilot in unfair dismissal case

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Old 23rd Mar 2011, 08:19
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Ryanair pays £40,000 to pilot in unfair dismissal case

From TTG Travel Live :-

Pilot claims unfair dismissal against Ryanair

And from yesterday's Metro :-

Ryanair pays £40,000 to sacked pilot


I particularly liked the bit about, "A Ryanair spokesman said the airline looked forward to “meeting and defeating” Balpa’s claims."



Last edited by Aldente; 23rd Mar 2011 at 08:52.
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Old 23rd Mar 2011, 10:28
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40k is not going to change James life nor will it recoup the amount he has most likely lost, let alone cover the stress factor & damaged caused to his reputation, I think FR have got off very lightly.
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Old 23rd Mar 2011, 11:28
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I agree, they were being smug bastards and quoted that the settlement was less than 1 days legal fees when they expected a 3 day hearing.
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Old 23rd Mar 2011, 12:10
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I have a feeling that there is a max payout of £50k in these sorts of cases anyway. So £40K isn't that bad.
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Old 23rd Mar 2011, 12:10
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Why after one day? Had it been established fairly quickly that it wasn't unfair dismissal or that the case wouldn't have swayed totally towards James's favour? Some strange going ons?? FR likely didnt want the case of them being an employer who totally refutes employee representation being dragged through the courts once again! BALPA bends over? I feel sorry for James if this is the case. He was made an example of in order to send pilots a message when BALPA representation was the agenda.

Last edited by Callsign Kilo; 23rd Mar 2011 at 12:26.
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Old 23rd Mar 2011, 12:34
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Unfair dismissal has a maximum payout , constructive dismissal is unlimited. An out of court settlement may well have other conditions and reporting restrictions.
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Old 23rd Mar 2011, 12:55
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Some legal clarifications:

The current limit for the 'compensatory award' part of an unfair dismissal claim that an Employment Tribunal may award is: £68,400 for dismissals that have occurred since 1 February 2011. The previous amount (which I assume is the relevant figure since he was dismissed before that date) was £65,300.

The 'compensatory award' is made at the discretion of the Tribunal. That is the maximum the ET can award: it will normally be a lot less. The factors used by the ET to establish what compensatory award should be made are rather long-winded.

There is also the 'basic award', which is calculated according to length of service, age and salary.

Either way, the amount an Employment Tribunal may legally award in an unfair dismissal case is more than the amount of compensation agreed in the out-of-court settlement here.

Generally speaking, it is the type of court rather than the type of claim that determines the compensation limit.

Hope that helps.

Nick

Last edited by Nicholas49; 23rd Mar 2011 at 13:07.
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Old 23rd Mar 2011, 16:28
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It was probably better to accept e pay out- from what I hear if you take Ryanair to court they will throw money at the case by prolonging it, launching appeals etc... Just look at what they did with the Dublin guys a few years ago
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Old 25th Mar 2011, 11:46
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So where did he give her the leaflet ? In the flare ? So handing a CC member a leaflet is distracting I better not do the flight report, tech log, loadsheet or actually read anything on the flight.

His dismissal is just sheer spite.
 
Old 30th Mar 2011, 05:54
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Here's what FR had to say about the case (taken from their website):

Ryanair’s Stephen McNamara said:

“It’s remarkable that Jim McAuslan, the foolish boss of British Airways pilot union BALPA is “proud” to be supporting this pilot and thinks it is acceptable that pilots, when they should be flying the aircraft and focusing on safety, are instead distributing trade union leaflets and membership forms. We have no problem with pilots distributing leaflets on their own time, but not during a flight, when they should be attending to the aircraft, going through their check lists and prioritising the safety of Ryanair’s aircraft, and not the membership of failed BA trade unions.

“Ryanair looks forward to meeting and defeating these latest baseless claims by BALPA, who appear to think it is acceptable for highly paid pilots to be distributing trade union leaflets to cabin crew during a flight, when Ryanair believes they should be flying aircraft and attending to safety.”
According to this statement it would be perfectly fine to distribute union leaflets in the crewrooms then, in our own time of course.
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Old 29th Oct 2015, 22:57
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Disclaimer:I am telling a fairytale
----------
On the other side of the fence:

An SFO in an italian base managed to have the AOC of the company legally freezed for about 15min.

Those 15 min had a very hefty price tag: low region of 7 figures...they actually had to show up with the payment in some form of equivalent cash...

And I heard the guy is not done yet...

So, i believe it depends on your country legislation and on your legal team...
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