Team engineers case for parity in court again

A long-running action by 36 engineers with the former Team Aer Lingus to be treated on the same basis as comparable Aer Lingus staff who remained with the airline has again come before the High Court following a failure to reach agreement on the workers' entitlements.

Among the issues in dispute is whether some of the workers are entitled to aggravated damages and/or damages for personal injuries allegedly suffered by them as a result of their treatment on their return to Aer Lingus in 1998.

The case was before the High Court last March but was adjourned on the application of Aer Lingus to see if agreement could be reached.

Ms Justice Mary Laffoy was told yesterday by John Rogers SC, with Frank Callanan SC, for the workers, that disagreement remained between the sides on several issues and the court was being asked to adjudicate on the outstanding issues.

These include whether some of the plaintiffs are entitled to make claims for damages for personal injuries, whether they are entitled to be paid for a period in summer 1993 when they were "locked out" by Aer Lingus and issues related to licences, tax and pensions.

The workers contend that Aer Lingus has failed to pay them their full entitlements.

Patrick Hanratty SC, for Aer Lingus, said the airline had made substantial payments already and that some of the workers were making claims in relation to licences and other benefits to which they were not entitled.

He also disputed that any of the workers were entitled to claim for damages for alleged personal injuries, saying that issue had already been determined against the workers in the High Court. Mr Hanratty said the claim for pay during the lay-off or lock out period of summer 1993 was a new claim.

Many of the 36 plaintiffs were in court for the hearing, which is expected to last several days.

The former Team engineers, who have been redeployed as clerical workers, baggage handlers and cleaners, say they are entitled, until their retirement, to the same wages and entitlements as if they had never left the airline and those entitlements should be backdated to March 2006 when the Supreme Court made formal declarations in their case.

The case represents the latest stage of proceedings brought by the former Team workers after they returned to Aer Lingus in 1998 following the collapse of Team and its sale to FLS.