The National Court has issued a ruling declaring null and void the collective dismissal of 22 cabin crew members of Crewlink, who provided services for Ryanair's planes in Spain, at the bases of Lanzarote, Las Palmas de Gran Canaria and Tenerife.
According to the USO union, "in addition to the nullity of the ERE, the ruling declares the right of the affected workers to immediate reinstatement in their positions, under the same working conditions that existed before the dismissal, with payment of the salaries not received from the date of dismissal until the reinstatement takes place."
The National Court thus upholds the claim of USO and SITCPLA against these dismissals alleging "lack of good faith" in the negotiation of the ERE, as well as "fraud of law."
The ruling determines that "the company delayed the start of the consultation process for no reason and continued to offer vacancies and relocations to those affected during the negotiation process," USO points out. In addition, in relation to the Girona base, it highlights that "the company's intention was to leave it out of season, but it communicated its decision to close it, to later propose keeping it open at the end of the consultation period if the negotiating committee accepted the collective dismissal of all those affected and from all the bases under the conditions proposed by the company," the union adds.
For the National Court, this procedure “implies a fraudulent use of collective dismissal and the absence of good faith that must govern the consultation period.”
According to USO, "the National Court criticizes in its exposition the conduct carried out by the company prior to the constitution of the negotiating committee; obstruction of the company in the development of the consultation period; or the failure to communicate the collective dismissal to the legal representation of the workers."
A "humiliating" and unacceptable" way of treating workers
The union highlights that "if in the ruling of the null ERE of the workers directly contracted with Ryanair, the National Court already spoke of bad faith, threats and coercion, in this one it comes to reproach even more, if possible, the business attitude with assessments such as tortuous and fraudulent use, "total lack of consideration towards the representatives of the workers, bad faith, fraud, coercion and abuse of right or obstructionist position."
For USO, the content of this ruling defines "Ryanair's way of treating its workers, which is humiliating, undignified and unacceptable in a sector such as aviation where safety must prevail, to which justice is setting limits."
