Pilots union tells court Malta Med Air contracts ‘clear case of precarious employment’

Court admits ALPA to pilots’ challenge to Air Malta dismissal during pandemic after failed union talks

New contracts for pilots employed with the government’s substitute national airline Malta Med Air smack of precarious employment, airline pilots’ association ALPA has claimed in a court of law.

ALPA was admitted as a legitimate party in legal proceedings against the collective redundancies from Air Malta during the pandemic in 2020 when pilots refused extensive pay cuts.

Air Malta sacked some 69 pilots after ALPA refused to participate in negotiations on salary cuts in 2020. The government subsequently set up Malta Med Air, an airline whose maiden flight took place in August 2020, recruiting nine former Air Malta pilots on a six-month self-employed/sole trader contract. This contract was described as “a clear example of precarious employment” by ALPA, and an attempt by the Government to chip away at the collective rights and conditions of ALPA’s members.

ALPA has asked the courts to make the government honour contractual obligations to pilots, but the government has argued the union lacks the juridical representation to act in the name of the pilots made redundant.

The government denied the accusation that it had  failed to honour its agreement with the association, insisting it had done its utmost to reach an acceptable solution under the extraordinary circumstances of the COVID-19 pandemic.

But the judge dismissed the defendants’ argument that ALPA had to prove it enjoyed judicial representation of the plaintiffs. The court said ALPA had been authorised by its members to act in their name.

The case was filed by ALPA and 46 former Air Malta pilots, who insist a collective agreement negotiated in Jaunary 2018 and a side-letter guarantees the pilots their current take-home pay in other government employment should they be removed. The agreement was signed by then tourism minister Konrad Mizzi.