Verdict: Laudamotion has a works council

Lauda headquarters in Schwechat (Photo: Jan Gruber).
Lauda headquarters in Schwechat (Photo: Jan Gruber).

Verdict: Laudamotion has a works council

Lauda headquarters in Schwechat (Photo: Jan Gruber).
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The flying personnel at the Lauda base in Vienna have a works council, because the election is valid. This was the verdict of the Korneuburg Regional Court. The contestation of the works council election brought in by the management was rejected. The motion that the election is invalid was also thrown out. Laudamotion GmbH now also bears the costs of the proceedings, including the legal fees for the works council. However, the management can still appeal against the judgment.

On October 9, 2019, the flying staff of Laudamotion GmbH elected a new works council. The previously incumbent had resigned. Immediately before the election, the committee claimed that management would not provide necessary lists. Therefore, the voters were identified by their ID cards, on which the date of entry can be seen. The Lauda management did not recognize the new works council and brought a legal challenge before the Korneuburg regional court, which acts as a labor and social court. In the meantime, all works councils with the exception of one employee were dismissed and the legal protection against dismissal was disregarded, the Vida union criticized repeatedly.

The current ruling completely rejects the request of the Laudamotion management and also obliges the company to pay all costs that have arisen as a result of the proceedings. Due to the corona pandemic, the proceedings dragged on for more than a year in the first instance. Theoretically, an appeal can still be lodged, but the Ryanair Group has already created facts in a different way: Laudamotion GmbH will cease flight operations at the end of the month and Lauda Europe Ltd, based in Malta, will take over their services in the future. The new company does not have a works council and it can be assumed that the management will do everything possible to prevent the Viennese base from electing an employee representative.

Should the verdict of the Regional Court of Korneuburg, which Aviation Direct has and was served on the parties on October 14, 2020, become legally binding or if the next instance confirms this, Laudamotion GmbH could face severe consequences. All dismissals for which the approval of the works council would have been necessary would then become null and void, since in the vast majority of cases this has not been obtained. The evictions of the works councils, including the chairwoman Kerstin Hager, are not then either. However, labor law stipulates that every employee has to go to the labor court separately. It is unclear to what extent the ruling will affect the closure plans.

Absurdly, an Airbus A320 was only recently registered with the OE-LMT on the AOC of Laudamotion GmbH, which is to be closed at the end of the month. The machine is used and has the Lauda livery. The aircraft was not transferred to Vienna, but to Luqa (Malta), where the Laudamotion.com logo will be removed and the A320 will be re-registered in the Maltese register. It is unclear why the aircraft was taken over at all, first of all registered with Laudamotion GmbH and attached the Internet URL in order to then remove it again and register in Malta. What Lauda Europe will do specifically with the future 9H-LMT is also inconclusive, because the Stuttgart base is closed, Düsseldorf will follow on October 19, 2020 and cuts are also threatened in Vienna. Palma de Mallorca is the smallest station of the Ryanair subsidiary.

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