The Court of Social Issue Number 6 of Santa Cruz de Tenerife has partially estimated the appeal filed by a pilot against Ryanair, DAC and the company Brookfield Aviation International by which its employment relationship with the Irish airline is recognized.
The sentence, by Judge Beatriz Pérez and made public this Wednesday by ‘La Vanguardia’ and the TSJC, condemns these companies to the payment of 26,584 euros gross in concept of salaries earned between May and June 2016, plus an increase of 10% of delay.
The plaintiff owned 33% of the shares of the company Fraynlee, which had a contract to provide captain services with Brookfield Aviation International since December 2011, and was named base captain at the Tenerife South airport in February, at a supplement of 18,000 euros per year, plus a premium of 7,000 euros, until it decided to sue after some defaults in mid-2016
The judge maintains that the contractual relationship between the parties “is labor-related” since the pilot wore full uniform of the company, had identification and should be subject to the flight schedule imposed by the company, which organized the work
“Therefore, the actor was subject to a day and a schedule that had to develop in a concrete workplace,” says the ruling, which is not firm and also points out that as a base captain he had no disciplinary powers, as they depended on the airline exclusively.
Thus, he argues that there has been an “illegal assignment” of a worker from Brookfield Aviation International to Ryanair and a “simulated contract” between the company and the worker, since the only relationship was the payroll, which Brookfield billed the airline.