The Airline Pilots Association (ALPA) has filed a judicial protest against Air Malta and the Economy Minister, over the announced collective termination of 108 pilots.

The national carrier and ALPA were at loggerheads over a minimum income offered to employees as a measure to combat the economic losses that the airline is incurring because of the spread of Covid-19. ALPA had refused this income - which is of €1,200 per month, and the airline as a result announced that it would be making 108 of its 134 pilots redundant.

In the judicial protest, the union alleges that the airline did not uphold its legal responsibilities and furthermore said that the government is acting in breach of an agreement signed with then minister Konrad Mizzi which guaranteed their employment until a new collective agreement is reached.

On 7 April 2020, the judicial protest reads, Air Malta notified ALPA as well as the Director General of Industrial and Employment Relations of its intention to proceed with the collective termination of employment of 108 pilots, and of its intention to retain only 26 pilots in employment.

ALPA alleged that Air Malta had so proceeded after various misleading and false representations including that an agreement had been reached with ALPA as well as other unions over the way forward. This has been denied by ALPA.

ALPA furthermore stated that the notification of its intention to terminate the pilots' employment was given by Air Malta around two hours after the association had once again formally confirmed its intention to continue participating in the consultation proceedings.

The union also expressed its concern in the way the company, Air Malta, had insisted on closing all doors to negotiations on the relevant proposals made by the union, prior to the airline announcing its intention to dismiss the pilots.

Consequently, the union said, it had not been given the opportunity to put forward its views and opinions prior to the notification of the dismissals.

The union said it has put forward various formal requests after the dismissal notification, for meetings to be held in the presence of the CEO or one of its directors, pursuant to the union's wish to be given the opportunity to discuss its views and proposals with the company's representatives. Particularly, the union said, in view of the gravity of the dispute and the clear danger to the employment of its members. "To this very day the company insists that its representatives have no intention of attending these meetings."

In view of this the union claims that the company's actions lack transparency and accountability particularly as, during the meeting on 9 April 2020, "members of the airline's executive warned the union that they were already dismissed."

This 9 April meeting was the only meeting held with the company's representatives, the union said, and despite requests for further meetings, the company did not schedule them.

The union is protesting the "irregular and abusive" actions of Air Malta, which it claims is obliged to hold consultations with a view to avoiding, as far as practicable, the collective termination of employment. The union further claimed that this action is in violation of an EU Council Directive which obliges the employer to participate in negotiations with the union following the termination notice.

In addition, the union said, it protests that the government of Malta, as a major shareholder in the airline, is abdicating its responsibility to take all necessary measures to safeguard the employment of the union's members. This, the union said, violates the obligations which had been directly undertaken vis-a-vis the union, by then Tourism Minister Konrad Mizzi, on behalf of the government of Malta in terms of the 26 January 2018 private writing. In that agreement the then minister assured the union that the pilots would be guaranteed their employment with the airline until the date of the signing of a new collective agreement between Air Malta and ALPA.

As such, the union adds, the government is abdicating its obligation to enter into negotiations with ALPA, with the aim of taking the necessary measures to ensure the protection of the pilots' jobs.

"To date government representatives responsible for Air Malta are refusing to enter into any form of dialogue with ALPA."

Consequently, the union argued, the company's intention to terminate employment is illegal and abusive.

"The intention to only retain 26 pilots seriously impinges on the viability and sustainability of the airline, once the current restrictions on air travel are relaxed."

The union has reserved its right to request an investigation and an account concerning the above actions taken by the company, including an investigation into the operations of the board of directors.

The union formally gave notice of its intention to proceed against Air Malta according to law and holds the company responsible for any damages which its members may suffer as a result of the termination of their employment, and called upon the company to uphold its legal obligations with immediate effect.

The judicial protest was filed by lawyer Andre Portelli.