Federated Airline Staff Association's lawyer, Niven Padarath has made submissions in court today that the mass termination of the 595 Air Terminal Services staff has rendered their collective agreement ineffective while ATS lawyer, Devanesh Sharma says the agreement still stands because the workers union is still operational and the employer can get more employees on the same agreement.
Padarath says the mass termination has brought the agreement to an end.
He says the matter of the increase or decrease of the workforce has to be discussed and mutually agreed to by the workers and ATS, however, this was not done.
Padarath says a discussion between the two parties was held but no discussion was held on the termination of workers.
He says as indicated by the minutes of the meeting, the ATS Board of Directors had already decided to terminate the employees.
Padarath also adds that it was not necessary for the employment dispute procedure to be followed as it was not mandatory and the matter can be taken to court.
Meanwhile, ATS lawyer Devanesh Sharma says proper employment procedures were not followed as the employees did not meet with ATS to discuss the matter.
He says both the employee and the employer can terminate their individual contracts, given they provide a 2 weeks notice.
Sharma says the collective agreement has a clause that can be applied to terminate individual contracts.
The lawyer adds all employees were given their individual termination letters.
He adds that none of the employees have disputed the fact that because of the COVID-19 pandemic, ATS did not have work for them.
Sharma says if they had not accepted the facts they would not have accepted the finances.
Sharma has submitted that the court order a relief to be filed for both parties and that both parties bear their own costs.
He has also asked that this matter follow the right procedure and be filed in the right forum.
Justice Mohammed Javed Mansoor will deliver his ruling on notice.
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