The Supreme Court has declared firm the nullity of the ERTE that Ryanair launched shortly after the outbreak of the coronavirus pandemic in Spain. The judges reject the airline’s appeal and confirm that it was a fraudulent operation as it tried to include reinstated workers in a previous collective dismissal process. The true objective of the company, according to the Supreme Court, was to save those processing salaries.
National Court annuls Ryanair’s ERTE that included workers reinstated from the ERE in the Canary Islands and Girona
The airline launched an ERTE in March 2020 to face the economic effects of the pandemic and the stoppage that neutralized, in practice, almost all its activity. A measure that affected some 200 workers and in which the company tried to include several whom it had previously tried to fire: more than 180 workers from the Canary Islands whose ERE had been annulled by the Justice just a few months before.
The National Court declared that the objective of Ryanair was to save all the processing salaries that it had to pay them and declared the entire process null and void. Previously, in August 2020, the Ministry of Labor had already upheld an appeal from the unions and declared the process null and void.
The Supreme Court now confirms this resolution and says that “there is no doubt that we are not in the presence of a simple mistake, but of a serious and clear attempt to evade the application” of the Law and avoid the payment of those processing salaries. “The processing of a new ERTE with retroactive effects intended to avoid the payment of the processing salaries to which it was legally bound by the sentence that declared the nullity of the dismissals,” says the plenary session of the social court sharply.
In recent weeks, the social chamber of the high court has studied several ERTEs from the beginning of the pandemic considered fraudulent and void by different courts. Another is that of ArcelorMittal, coming from the National High Court, and they are awaiting a ruling also on the dismissal of 65 Zener Plus employees annulled by the Superior Court of Justice of the Basque Country.