By two votes to one, the judges decided to revoke the reinstatement of the workers until they analyzed the case in depth. The precautionary measure in the first instance had been issued by the judge Stella Maris Vulcano in the cause that promoted the Airline Pilots Association (APLA).
The three affected pilots are Walter Rodolfo Schonfeld, Javier Eduardo Weledniger and Carlos Diego Sepliarsky.
Union conflict: Aerolíneas Argentinas fired three pilots for a protest action
The judicial decision occurs in the midst of a series of forceful measures by the unions against Aerolíneas Argentinas, demanding a salary recomposition and against the privatization of the company. The three pilots who were fired had refused to drive an Embraer plane, which had to be returned at the end of the lease, with the argument of not supporting “the bailing out” of the company.
After the company fired them, APLA went to court to request a precautionary measure to interrupt the decision, considering that there was discriminatory and anti-union action that prevented the exercise of the rights of freedom of association. The request included the reinstatement of the pilots in their positions with the same working and salary conditions, social security coverage, and protection from life and work risks, returning their employment situation to that existing before the dismissal, on December 12. September 2024.
Judge Vulcan granted a precautionary measure and ordered the reincorporation of the pilots Walter Rodolfo Schonfeld, Javier Eduardo Weledniger and Carlos Diego Sepliarsky. In his ruling, he considered that the dismissals were arbitrary and affected the pilots’ right to freedom of association and protest.
However, the state company did not sit idly by and appealed the ruling, arguing that the “unusual suspension of article 95 of Law 27,742” (which regulates dismissals in the basic law), qualifies this situation as a “serious non-observance of the provisions of article 245 bis of the LCT“.
The company also raised the annulment of the resolution by the absence of an analysis of the requirements provided for in Law 26,854 (precautionary measures), and He questioned the lack of treatment of the verisimilitude of the law and the danger in delay.
The Justice revoked the reinstatement order of three pilots: the arguments
Now, the Chamber of Labor revoked that precautionary Judge Diana Cañal, the only one who confirmed the precautionary measure, interpreted that “freedom of association and the protection of the right to organize” had to be guaranteed and that it was “at stake, due to the termination of the employment contract decided by the employer, the loss of work and its nutritional nature”.
On the contrary, Judge Alejandro Perugini pointed out that, according to his criteria, “innovative measures of an anticipatory nature such as those requested at the beginning, They involve modifying the existing factual situation based on rights that have not yet been recognized as legitimate.“. Judge Mario Fera voted in the same sense, who decided based on “the regulatory framework in which the initial claim and the particularities that present precautionary measures such as the one requested“.
“I understand that the factual and legal reasons invoked do not allow verisimilitude to be considered configured in the required lawwhich takes away the importance of a particular and detailed examination of a possible danger in the delay, and thus the concurrence of the two requirements that must be present in these cases is not verified,” he added.
Source: Ambito
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