The Supreme Court confirms the nullity of the fraudulent Ryanair ERTE

The Supreme Court has declared the nullity final 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

National Court annuls Ryanair’s ERTE that included workers reinstated from the ERE in the Canary Islands and Girona

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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 about 200 workers and in which the company tried to include several that 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 the month of August 2020, already the Ministry of Labor it had upheld an appeal from the unions and had 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 room of the high court has studied several ERTE of the beginning of the pandemic considered fraudulent and void by different courts. Another is that of ArcelorMittal, from the National Court, and they are waiting to issue a sentence also on the dismissal than 65 employees of Zener Plus annulled by the Superior Court of Justice of the Basque Country.


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