The Social Court number 1 of Malaga has declared void the dismissal of a Ryanair cabin crew member who exercised her right to strike in the summer of 2022, and has ordered the company to reinstate her, pay her the wages due and compensate her for damages. and damages of 10,000 euros.
The woman, who had been working for the Irish airline since March 2007, was fired after exercising her right to strike during some of the days called by the USO and SITCPLA unions in June, July and August 2022.
The strikes resulted in 36 crew members being fired for supporting the strikes and refusing, among other reasons, to accept flight changes without notice.
Of them, 30 have been compensated when the company recognized the unfairness of the dismissal and another three have obtained a ruling of annulment and reinstatement, according to the USO union.
In the ruling, provided to EFE, the dismissal is declared void and the company is ordered to reinstate the worker under the same conditions, with the payment of wages not received from the date of dismissal until reinstatement, and the payment of compensation of 10,000 euros for the damages suffered (he requested 50,000).
The judge points out that although it could be considered that the requirements are met for the worker’s conduct to be serious, he cannot “ignore” the ruling of the National Court which considers that the company, on the days of strike being analyzed, ” “violated the workers’ right to strike.”
Furthermore, in its legal foundations it indicates that the “abusive use of corporate power” is manifested in other aspects reflected by the Labor Inspection and also verified by the court.
He explains that the violation reports reflect that the number of workers on duty increased exponentially during the strike days, compared to normal work days, and there was sometimes a change in the company’s operations manual itself.
This “reveals a directed and coordinated action, in all the bases in which the company and its agencies operate, aimed at minimizing the effects of the strike, neutralizing the negative effects that the exercise of the fundamental right of workers could produce,” according to Judge.
Furthermore, it adds that the notices of adoption of disciplinary measures “did not remain simple warnings”, and the existence of “multiple dismissals of cabin crew was confirmed, under the pretext of non-compliance with minimum services.”
The ruling considers it proven that the conduct displayed by the defendant company violated the freedom of association of the plaintiff unions and the right to strike of the workers who participated in them.
This resolution is added to that of another crew member fired in Galicia, who the Superior Court of Galicia ruled in favor last February, by condemning Ryanair to reinstate the worker and pay 7,000 euros in compensation.
