Aer Lingus dumping of cabin crew . . is it legal?

There are people in Aer Lingus earning less than the lowest paid in the civil service and are taking big pay cuts as well. Thats what happens when your employer is running at a loss.

Maybe, but the workers are getting a redundancy payment and then they are being taken back on on lower pay and conditions.
I worked for a company a number of years back and something similar happened. The company sold one of the production plants and the staff were made redundant but taken back on with less pay. They were given access to finiancial experts on how to use their redundancy lump sum eg. investment or paying off mortgage. This eased the financial situation for them.
 
Its not that simple
Thanks for the links. [broken link removed] says . .

"Under the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (pdf) a Redundancy Panel has been set up by the Department of Enterprise, Trade and Employment in accordance with the partnership agreement Towards 2016. Some collective redundancies may be referred to the Panel to determine whether the redundancies were (or are being) carried out in order to replace the employees with workers on lower pay or other less favourable terms and conditions. These are known as exceptional collective redundancies. If the panel decides the redundancies were carried out for this reason, the employer will not receive a rebate on the lump sum payments and the employees concerned will be able to take action for unfair dismissal."

So I suppose my question is, any Aer Lingus legal advice notwithstanding, how will the proposal, as reported, to terminate the employment of all cabin crew not fall foul of the Redundancy Panel, leaving Aer Lingus without a state rebate and facing valid unfair dismissal claims?
 
Thanks for the links. [broken link removed] says . .

"Under the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (pdf) a Redundancy Panel has been set up by the Department of Enterprise, Trade and Employment in accordance with the partnership agreement Towards 2016. Some collective redundancies may be referred to the Panel to determine whether the redundancies were (or are being) carried out in order to replace the employees with workers on lower pay or other less favourable terms and conditions. These are known as exceptional collective redundancies. If the panel decides the redundancies were carried out for this reason, the employer will not receive a rebate on the lump sum payments and the employees concerned will be able to take action for unfair dismissal."

So I suppose my question is, any Aer Lingus legal advice notwithstanding, how will the proposal, as reported, to terminate the employment of all cabin crew not fall foul of the Redundancy Panel, leaving Aer Lingus without a state rebate and facing valid unfair dismissal claims?

I think it is because they are doing it for legitimate business reasons i.e. the company is in financial trouble. The Department signed off on it as far as I know.
 
I think it is because they are doing it for legitimate business reasons i.e. the company is in financial trouble.
By extension then, could any company that makes a loss in a given year disregard the terms & conditions of their employees with impunity?

In the case of Aer Lingus then, would the state rebate which helps facilitate the downgrading of the terms & conditions of staff, in order to assist the company to restructure 'for business reasons', not be viewed by the EU as illegal state aid?
 
By extension then, could any company that makes a loss in a given year disregard the terms & conditions of their employees with impunity?

In the case of Aer Lingus then, would the state rebate which helps facilitate the downgrading of the terms & conditions of staff, in order to assist the company to restructure 'for business reasons', not be viewed by the EU as illegal state aid?

But its not just that they are making a loss. They are burning cash at a rapid rate. Remember even the trade unions recognised that these changes had to be made because of the state of the business.

It's unlikely to be seen as illegal State Aid as it is open to every company. I have an issue with the State Rebate in general and not just in the case of Aer Lingus.
 
I have to say that I watch these situations developing with a sense of bemusement. Your employer is losing money hand over fist and decides to 'down-size' lets's say 50% to cut its losses. So you, as an employee, are faced with either taking the package on the table and looking elsewhere or getting on to your union and, through industrial action or whatever, putting the remaining (or what would be the remaining) 50% at risk too.

The recent closure in Dundalk was a point in fact. Can't remember the name of the company but weren't they told that if a certain percentage didn't take the package then the whole plant would close putting everyone out of a job? They didn't and the plant closed. Well that's a hollow victory indeed! Nice going guys!

Thank God I work for myself (having also lost my own job last August) and am actually looking to hire a couple of people! When I was let go it was clear that the business couldn't survive with the current staffing numbers and we all had to take what was offered (which was reasonably generous given the situation). Instead of whinging about it and crying to the unions, who couldn't in any case run a ****-up in a brewery, why don't people get off their arses and look elsewhere before putting their colleagues out of a job thro' their own intransigence?

Human nature, I guess, to cling grimly to what you have regardless of the consequences but it is pathetic too and the only ones who gain are the union bosses who still collect their fat cheques irrespective of whether or not you have a job.
Before you go moaning about the role of the unions, you might want to check out the facts about how the cabin crew's union acted on this particular issue.

Sorry to let the facts get in the way of a good rant...
 
My understanding of this, based on various media reports, is that AL has 2 types of cabin crew - senior ones who are on board supervisiors and ordinary ones who report to the supervisors. AL is eliminating the senior ones entirely as they see this layer of management as being unnecessary - these are the people being laid off. And that those being laid off are being offered a choice of ordinary cabin crew jobs or redundancy. [I assume that the ordinary cabin crew will report to a smaller number of senior people who are mainly ground based rather than 1 or 2 on each plane].
 
AL is eliminating the senior ones entirely as they see this layer of management as being unnecessary - these are the people being laid off.
Maybe so. According to RTE and the Irish Times, all cabin crew are to be made redundant.
 
Every member of cabin crew is being made redundant and asked to re-apply for jobs on the lesser contract. There won't be any senior cabin crew positions.
 
Can't link to you to Aer Lingus pay scales for obvious reasons but a clerical officer in the civil service starts at around €23,000. A cleaner gets almost €20,000.



A family member who works for Aer lingus doing shift work (including 4am starts) just cleared €17,500 last year and is now taking another pay cut.

Sorry for the very late response. Is that figure net or gross? What's the nature of the work, hours, any benefits etc?
 
Before you go moaning about the role of the unions, you might want to check out the facts about how the cabin crew's union acted on this particular issue.

Sorry to let the facts get in the way of a good rant...

Couldn't be bothered my behind to research the union position on this at all. Whilst some people are busy complaining I'm busy working my butt off to secure my family's future. Good luck to all those that think that the union will keep them in a cushdy number! They deserve all that awaits them! When it ain't working then it ain't working. What are you to do? Phone McLoone?
 
Couldn't be bothered my behind to research the union position on this at all. Whilst some people are busy complaining I'm busy working my butt off to secure my family's future. Good luck to all those that think that the union will keep them in a cushdy number! They deserve all that awaits them! When it ain't working then it ain't working. What are you to do? Phone McLoone?
Fair enough so. Feel free to keep ranting about things that didn't actually happen. Hope you are feeling better soon.
 
Not quite - a SIPTU retraction was issued last night.

http://www.rte.ie/news/2011/0112/aerlingus.html

SIPTU has said it was wrong in confirming that Aer Lingus workers had received tax demands from the Revenue Commissioners in relation to a controversial 'leave and return' redundancy scheme.
Not to say these demands mightn't wing their way to workers, AL and the workers are on dodgy ground as SIPTU have clumsily highlighted.
 
SIPTU should never have argued that these were genuine redundancies as that undermines the T&C of all workers.
 
Back
Top