The case dates back to a claim filed by 60 Pluna pilots in 2008 against their employer, alleging that Pluna was obliged to pay out overtime benefits under a general regime applicable to employees based on the ground. The airline rejected the pilots’ claim given that under aviation labour regulations overtime is compensated by additional rest days on the ground and ten extra days of holiday.
FERRERE argued before the labour court that the special aviation workers regime overrode the general employment legislation. This was disputed by the plaintiffs, which said that the regulations for aviation workers were unconstitutional, and that furthermore they were not covered by that regime given that it applies only to senior personnel, a category to which they said they did not belong.
The proceedings were interrupted when Pluna filed for bankruptcy in 2012. An auditor was appointed to oversee the company’s liquidation as well as take on all pending judicial proceedings, including the labour claim. The auditor continued to draw on the arguments prepared by Ferrere for the claim, as well as consulting the firm for advice during the first and second instance rulings.
On 10 August 2013 the pilots’ claim was definitively denied by the labour appeals court, which ruled that they had already been compensated for overtime with additional rest days and holidays in line with the aviation workers legislation.
Article published in Latin Lawyer on Tuesday, 17 September 2013.