Lauda Europe: lawsuits pending determination of a transfer of operations

Airbus A320 from Lauda Europe (Photo: Jan Gruber).
Airbus A320 from Lauda Europe (Photo: Jan Gruber).

Lauda Europe: lawsuits pending determination of a transfer of operations

Airbus A320 from Lauda Europe (Photo: Jan Gruber).
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In Austria, a court will have to deal with whether the change of Laudamotion employees to the successor Lauda Europe Ltd represents a transfer of operations or not. With the support of the Chamber of Labor, a corresponding suit was brought. Similar proceedings are now pending in Germany as well.

In Düsseldorf, the situation is even more curious, as the employees were only told that their base would remain open. Due to the already decided closure of Laudamotion GmbH, the changeover to the Maltese successor Lauda Europe Ltd. began. This not only included training based on the new manuals, but also the employer has already changed. This means that many Lauda employees in Düsseldorf are already formally employed by Lauda Europe.

Later there was a hail of layoffs, but these were sent by Laudamotion GmbH. This fact is now flying around the ears of the company in numerous labor court proceedings, so that Lauda Europe boss David O'Brien has also had dismissals sent by the successor company since last week. Both in Stuttgart and in Düsseldorf there are currently an enormous number of dismissal protection lawsuits pending before the labor courts. Quality appointments, none of which resulted in a solution, are currently taking place non-stop. So-called chamber appointments have already been arranged for some ex-employees. There are also lawsuits to establish a transfer of operations from Laudamotion GmbH to Lauda Europe Ltd.

In Austria, the question of whether or not there is a transfer of operations also has two completely different central aspects: If this is legally established, the collective agreement of Laudamotion GmbH takes effect. Lauda Europe Ltd. has no KV, but the Laudamotion GmbH blackmailed with a monstrous soap opera, for which large parts of the workforce took to the streets for demonstrations. However, this conclusion is only applicable to the Austrian staff if a transfer of business is established.

If this happens, Lauda Europe Ltd also has a works council in Vienna, because this would then also be "transferred". In October 2019, the management of Laudamotion GmbH refused to recognize the election and repeatedly referred to it in public as "illegal". The regional court in Korneuburg dismissed the appeal brought by the management, so that it was established that Laudamotion GmbH has a works council for the flying personnel. Ryanair created new facts, however, because the Austrian company had already ceased operations and a successor was founded in Malta. This does not have a works council, but would be "transferred" if a transfer of operations was established. In this respect, it can be assumed that the behavior towards employee representatives, which is atypical for Austrian standards, could have another chapter.

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