Judge declines FASA summons
The termination was on the basis that the employer (ATS) could not provide work as it had suffered a 95 per cent reduction in work due to the COVID-19 pandemic.
Wednesday 02 December 2020 | 13:32
The Employment Relations Court yesterday declined all orders sought by Federated Airline Staff Association in their originating summons.
The summons were filed by FASA seeking that Air Terminal Services and/or its servants and/or its agents be restrained from terminating the members of FASA from employment until final determination of the matter.
It also sought that ATS and/or its servants and/or agents be retrained from terminating the collective agreement.
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The case is involving 595 members of FASA and their termination of employment from ATS.
The termination was on the basis that the employer (ATS) could not provide work as it had suffered a 95 per cent reduction in work due to the COVID-19 pandemic.
FASA had contended that the mass termination of the entire workforce had resulted in the termination of the collective agreement, which recorded the terms and conditions of employment of all workers.
Justice Javed Mansoor said that some of the relief being sought by FASA were similar to those sought in his earlier ruling dated 30th July 2020.
He also stated that there was no evidence of an imminent threat of the defendant taking steps to terminate the collective agreement.
He ordered the parties to bear their own costs.
Edited by Ranoba Baoa
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