Source: Trinidad Daily Express
Caribbean Airlines (CAL) has obtained an injunction from the Court instructing pilots to immediately return to work and refrain from calling in sick.
Attorneys representing CAL filed an emergency injunction on August 20, under the Industrial Relations Act, in the Industrial Court, which was granted on Monday at around 1.30 a.m.
Industrial Court judges Melvin Daniel, Albert Aberdeen and Bindimattie Mahabir presided over the matter in an emergency session.
CAL’s attorneys Derek Ali, Vanessa Gopaul and Marcelle Ferdinand filed the application for injunctive relief supported by an affidavit of Roger Berkely.
The Court determined that the matter was serious and warranted urgent intervention.
The following are excerpts of the Court’s Order:
IT IS HEREBY ORDERED-
1. THAT an Interim Order of an Ex-Parte Injunction is hereby granted
2. THAT Trinidad and Tobago Airline Pilots Association, Party No. 2, otherwise known as TTALPA…whether by its President, Vice President, General Secretary or Secretary, Treasurer, Trustees, Executive Members, Officers, servants and/or agents and/or its members and/or members of the bargaining unit for which it is certified as the recognised majority union and who are employed by Caribbean Airlines Limited or any of them are hereby restrained from taking and/or continuing to take and/or participating howsoever in industrial action within the meaning of the Industrial Relations Act…including calling is sick en masse.
3. That TTALPA, its President, Vice President, General Secretary or Secretary, Treasurer, Trustees, Executive Members, Officers, servants and/or agents and/or its members and/or members of the bargaining unit for which it is certified as the recognised majority union and who are employed by Caribbean Airlines Limited and who are engaged in industrial action are hereby enjoined from taking and/or continuing to take and/or participating however in such industrial action within the meaning of the Act including calling in sick en masse.
There was local and international chaos involving CAL passengers who discovered suddenly on Sunday morning that their flights were being delayed or cancelled without clear reason.
In a series of press releases, CAL described the problem as originating from “cockpit crew constraints” after many pilots called in sick three hours before they were supposed to command their aircraft between Trinidad and Tobago, and between Trinidad and Guyana, several islands and North America.
The airline pilots association, in a statement on Sunday, denied that it had taken strike action, stating that its was barred from taking such industrial action since it was an essential service.
The association said that “its members continue to fly with their safety and best interest at heart”.