CJ EU: ECJ ruling is ‘defeat for Ryanair and victory for workers’ rights’
Rome, Italy - The press release unveiled yesterday by the ITF
"The ITF (International Transport Workers’ Federation) and ETF (European Transport Workers’ Federation) have welcomed a ruling yesterday by the European Court of Justice (ECJ) as a major defeat for Ryanair on workers’ rights. The Court established that disputes over a cabin crew member’s contract of employment fall within the jurisdiction of the courts of the country from which they carry out their duties –not those of a country such as Ireland which the airline might choose to suit its own interests.The ruling in the joined cases of Nogueira et al vs Crewlink (Ryanair’s recruitment agency) and Osacar vs Ryanair, establishes the rights of mobile aviation workers to have their grievances heard under the laws of the country from which they work. It determines that an employee can sue his or her employer at a court which he or she regards as closest to him or her. This is a vital step for those who need to seek redress in matters relating to individual contracts of employment. The ruling brought together multiple cases of cabin crew members from Belgium, Spain and Portugal, all of whom had had employment problems (such as wrongful dismissal cases) with Ryanair/Crewlink, which had attempted to have them heard in Ireland, irrespective of where the crew members lived and worked. The ruling followed a question asked by the Labour Court of Mons (Belgium) and has today found that under Regulation (EC) 44/2001 a crew member can sue their employer in front of the appropriate labour court. This is a major setback for Ryanair, which has been claiming for years that only Irish courts can hear cases from anyone of any nationality and any home base who works for it, since, among other things, its aircraft are registered in Ireland". See for details AVIONEWS 1, 2 and 3.
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