In pronunciation from the subdistrict court judge of the court of East Brabant, it can be read that, according to Ryanair, it was the Eindhoven base for reasons of business reasons. As a result, there was no more work at this location and the jobs were lost. The airline did offer to go on transfer, but the pilot and cabin crew refused to accept the proposal. For this reason, the airline considered that it should fire its personnel.
FNV was not proven right everywhere in the legal battle
“FNV union director Asmae Hajjari: 'We are taking legal action against Ryanair for our members. The Irish travel stunner squeezes these employees and has been harassing them for a long time. ”
Eindhoven was the second worst performing location of Ryanair. The company was therefore able to demonstrate sufficiently that there was a reasonable ground for the dismissal, according to the court. The Subdistrict Court ruled that Ryanair has made it sufficiently plausible that there was a reasonable ground for dismissal and that the report is decisive what was made by an independent investigation agency.
Nevertheless, the dismissed employees are entitled to severance pay. This is partly because Ryanair did not inform its staff in good time about the dire situation around the base in Eindhoven.
Confirmed on October 5, 2018 Ryanair to FNV Aviation that the closure is final and reference is made to a letter dated October 4, 2018 explaining the reason for closing bases and cutbacks at a number of European airports, including Eindhoven.
With regard to Eindhoven Airport, the following is specifically stated:
'Our Eindhoven base is suffering declining air fares, higher oil prices, and is inefficient because of curfew and movement restrictions. Over 85% of our Eindhoven traffic originates in, and can be served from, other bases and these base specific problems have been exacerbated by the FNV's unreasonable demands and unwillingness to negotiate an agreement with Ryanair, even when we agreed in writing to offer you Dutch contracts governed by Dutch law.'
Assessment framework
The UWV has refused to give permission for the Ryanair applied for dismissal permit based on business economic circumstances. Pursuant to Article 7: 686a paragraph 4 under d of the Dutch Civil Code, the employer is in that case authorized to submit a petition to the subdistrict court within two months after the day on which permission was refused. Ryanair has submitted this request in time and can therefore be received in court, according to the court.
The UWV assesses a request for termination of an employment contract due to business economic circumstances against the dismissal scheme, the UWV dismissal procedure regulation and the dismissal implementation rules for commercial reasons.
Right to compensation
Ryanair has made it sufficiently plausible that with the closure of Eindhoven Airport as a basis, the jobs at this airport will necessarily be lost. Cabin crew have not denied that employees are stationed only on a base, so this is certain.
If the cabin crew does not argue with reasons, it is also clear that standby services are not permanent jobs related to Eindhoven Airport.
In doing so, Ryanair was not only unbelievable, but it also grossly damaged the confidence of its employees. Ryanair clearly acted in violation of good employment practices here and caused a serious disruption of the working relationship with the pilot and cabin crew.
A few days after the last strike, the airline announced that it would close the base in Eindhoven on November 5, 2018. The contracts of all employees will be terminated shortly. However, the pilot and cabin crew are entitled to compensation.
Also read: Irish travel stunner for Ryanair cabin crew
