Published On: Mon, May 21st, 2018

Financial compensation for cabin crew InselAir’s MD aircraft

WILLEMSTAD - Local airline InselAir may terminate the employment contract with the cabin crew of the MD aircraft on June 1, but every employee must receive a financial compensation. The court decided that at the end of last week.

The cabin crew and eleven pilots were sent home last month, but have challenged their dismissal. The court’s decision concerned only the cabin crew.

The judge considers it 'sufficiently plausible that InselAir is in such a bad financial situation that the number of employees must be reduced in order to guarantee the continuity of the company'. It has also been established that the 'last in first out principle' has not been violated.

The employment contract with the relevant employees can be dissolved with effect from June 1, 2018, the Joint Court of Justice reports in a press release. On each case, subject to the specific circumstances, a severance payment has been granted to each employee. The judge is of the opinion that there is a collective dismissal and that the individual dismissal requests do not stand alone but are part of the 26 requests that InselAir filed with the court.

In order to prevent the employees concerned from being disadvantaged by InselAir's choice of a dissolution procedure instead of a collective dismissal request to the Ministry of Social Development, Labor and Welfare (SOAW), the court has assessed whether the safeguards in the National Ordinance on the termination of employment contracts and the ministerial guidelines are built in to review collective redundancies, have been observed.

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