Ryanair claims contact between Fórsa and Aer Lingus could undermine union's defence

Airline claims that emails showed confidential sensitive commercial information had been disclosed to its main competitor about impending strike action

Ryanair claims it suffered millions in lost booking as well as the impact of negative publicity. Picture: PA

Contacts between the pilots' union president and Aer Lingus in the run up to the threatened 2019 Ryanair pilots strike could undermine a defence to the budget airline's action for damages against the union Fórsa, the High Court has heard.

Ryanair claims that email contacts between Captain Evan Cullen and Mike Rutter, chief operating officer of Aer Lingus, showed confidential sensitive commercial information had been disclosed to Ryanair's main competitor about impending strike action.

On Wednesday, Ryanair sought an order from the court for further information to be disclosed about such contacts in advance of the airline's action against Fórsa and a number of pilots, including Captain Cullen.

Aer Lingus opposed the application.

Mr Justice Brian O'Moore said he would give his ruling on the matter on Thursday.

Ryanair DAC, in its main action due to be heard in two weeks, claims it suffered millions in lost bookings and from the impact on fares arising from the planned industrial action.

Negative publicity

It also claims it suffered additional damage due to negative publicity and damage to its business and brand.

The claims are denied.

In August 2019, Ryanair obtained an injunction which prevented Fórsa, the parent union of pilots' union IALPA, from going ahead with a planned 48-hour strike from August 22, 2019, in a dispute over pay and conditions.

On Wednesday, in advance of the main case, Ryanair sought what is known as non-party discovery (as Aer Lingus is not being sued) relating to any communication between an IALPA representative and an Aer Lingus employee. 

It also sought information about any discussion about the negotiations about the industrial action.

Ryanair had claimed the strike would be in breach of an agreement the parties following a mediation conducted by retired Workplace Relations Commission chair Kieran Mulvey in 2018.

That agreement, the airline claimed, contained an agreed mechanism which it and the union would prosecute their differences.

Ryanair said the request for non-party discovery arose after the defendants had provided documents showing there had been communication between the union and Aer Lingus including about the calling and balloting for strike action. 

This was before Ryanair or Fórsa's full time national officials or Ryanair pilots themselves were aware of that information, it said.

Commercial importance

Martin Hayden SC, for Ryanair, argued that information was of significant commercial importance to Aer Lingus during the summer of 2019.

Emails between Captain Cullen and Mr Rutter of Aer Lingus showed these discussions were taking place and Ryanair sought further discovery in relation to any other discussions that took place.

This identified a base for the suggestion there may be other documentation which will assist Ryanair in presenting its main case or in undermining the defendants' defence of the action, counsel said.

Alison Keirse BL, for Aer Lingus, said this application for non-party discovery should never have been brought.

Nowhere in the statement of claim were mala fides or lack of bona fides particularised by Ryanair, she said. The communications Ryanair would like to get hold of had nothing to do with the proceedings and there was a real lack of any link to the proceedings, she said.