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Korneuburg: Kick-off for the Lauda works council process

Judgment will be sent to the parties in writing.

The start of that court hearing, which is intended to clarify whether the flying staff of Lauda airline has a works council or not, should actually take place in March 2020. The Corona pandemic prevented this, however, so that the meeting took place on Wednesday in front of the Korneuburg Regional Court. No verdict was pronounced, because – as is usual in most civil law proceedings – this will be sent to the parties in writing over the next few weeks.

The two main points of the negotiation: Has the airline’s contested works council election been correct, is it valid and does the flying staff have employee representatives? Another aspect is the chairperson’s dismissal suit. The latter received her dismissals in the middle of the preparations for the election and was then repeatedly dismissed, at least once even dismissed without notice. As she already belonged to the previous works council, she was protected against dismissal, which, if the election was valid, could result in the dismissals given a few months later and the immediate dismissal being null and void.

There are different views on the course of the process. The chairwoman of the works council speaks of a constructive negotiation. According to her, the verdict should be served in writing in the next few weeks. She hopes that the decision of the Landesgericht Korneuburg will provide clarity.

Managing director Andreas Gruber was among the court for the airline Lauda. He also confirmed that the verdict will be in writing. In terms of content, he did not want to be put on the cards regarding his assessment of the process. However, he made up for this a day later in a circular, also signed by co-boss David O’Brien. On this occasion, the two managers also accused the chairman of the works council of allegedly not reacting to invitations to rescue the Vienna base since last Friday. Unusual, because in the past the situation was exactly the opposite, inquiries were not answered by the management.

In any case, almost all of Tuesday was spent listening to the statements of the works council chairperson in court and presenting the management’s point of view. The lines in the circular are extremely polemical, because the “zero and void choice” would have been organized by the lady “and her friends”, but for the continuation of Base Vienna and the preservation of the jobs, the employee letter claims that they should not interested. She would not have done anything to save the base, even polemically one writes that she would not have moved a finger in general. However, it is questionable what the Lauda management intends to do with these obvious hostilities in a circular, which, by the way, is initiated by the fact that all employees have been registered with the AMS “significantly earlier than 30 days”?

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