Ryanair pilot ‘fired after work injury’
The Employment Appeals Tribunal in Dublin yesterday heard a claim of unfair dismissal by pilot Brian Cosgrave against Ryanair.
Mr Cosgrave, a Ryanair pilot since 2001, went on sick leave in June 2006 after suffering a back injury, although Ryanair disputes his assertion that it occurred while training on a flight simulator. He was given sick pay by the airline until December 2006.
Frank Beatty, BL for Ryanair, said a consultant who carried out a medical examination on behalf of the airline on Mr Cosgrave in April 2007 had deemed him fit to work, although not to carry out duties as a pilot.
Ryanair claims it put in place arrangements to allow Mr Cosgrave carry out ground duties and he was offered two positions. However, Mr Beatty said the claimant imposed the condition he would only accept a position approved by his own doctors. While such a stance would appear reasonable, Mr Beatty said it was “entirely disingenuous” as the pilot said he could not meet the airline’s deadlines for acceptance of an alternative job. On that basis, Ryanair decided to dismiss Mr Cosgrave without reason on October 10, 2008.
Mr Beatty said the airline had “bent over backwards” to facilitate Mr Cosgrave even though it had no obligation to provide him with alternative work.
However, Michael Landers of the IMPACT trade union accused Ryanair of constructing a smokescreen to appear reasonable. In reality, the airline had put every obstacle in the pilot’s way including his attempt to claim for income maintenance from Friends First.
“Once Mr Cosgrave became unfit, Ryanair wished to have him off their books as soon as possible,” said Mr Landers.
One of the positions offered to the pilot was aircraft engineer, a role which required specific qualifications, said Mr Landers.
Mr Cosgrave was one of 64 pilots who took a High Court case against Ryanair over its refusal to negotiate with their trade union.
Mr Cosgrave is also separately taking a High Court action against the airline for a personal injury claim.