Ryanair Loses Wrongful Dismissal Case in Malaga Court

Budget Carrier Ryanair must reinstate a crew member after a court in Malaga Spain declared his dismissal void.

Malaga’s number 9 Social Court has ruled against Ryanair’s decision not to reinstate a cabin crew member and made his dismissal for disciplinary reasons void.

The court ordered Ryanair to reinstate the worker “in the same position and the conditions prior” to his dismissal, with the payment of wages not received from the date of termination at the rate of €71.48 per day. In addition, the court awarded €6,251 in compensation for violation of the crew members fundamental rights.

‘The resolution indicates that the grounds for dismissal of the worker, who is a member of the USO union (which were one of the unions that called the strike in 2019) – are not justified, so must be declared void,’ the court said.

The sentence declared proved that the cabin crew member had recognised seniority, on an October 2009 payroll – he was dismissed by means of a letter in English on October 9, 2019, in which disciplinary causes were alleged. The court noted that the letter of dismissal should have been in Spanish as the worker is a Spanish national.

In the letter, the company said that the worker “failed to provide services on board a minimum service flight that was longer than six hours,” which is a “violation of the resolution of the Ministry of Development, and that he served an unauthorised product (water bottles provided by unions) to passengers without prior company approval.”

The Secretary-General of USO-Ryanair, Gustavo Silva, commented that “after losing all the trials in our country, Ryanair will now reconsider and respect fundamental rights” and comply with Spanish laws.

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Written by

Tony Winterburn

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