Unions have clashed with Aer Lingus over disciplinary investigation procedures at the airline that they say disadvantage workers and are legally flawed.
Aer Lingus, in some circumstances, removes names and other details from documents used in disciplinary proceedings, investigations and meetings with witnesses.
This practice disadvantages workers facing such proceedings by obscuring important information from them, making it harder for them to prove their side of the case, according to trade union Fórsa.
This is “prejudicial” to members, Fórsa assistant secretary general Lisa Connell warns the company in a letter written this month.
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Fórsa, which represents cabin crew, and to which the pilots’ union, the Irish Airline Pilots’ Association, is affiliated, told members that it was “deeply concerned” about the practices.
They include management removing names or details from documents, so someone involved in disciplinary proceedings cannot access all material, correspondence and evidence that the company is considering.
“You might be shown ‘evidence’ during a meeting, but be unable to see where it came from or who wrote it, making it much harder to prove your side of the story,” warns a union newsletter.
Both that and Connell’s letter to management highlight that HR “actively encroaches” on independent officers investigating cases under the guise of giving them support.
Statements made at witness meetings can also be converted into formal accusations against workers, without the witness’s consent or knowledge, both documents say.
“This is a total breach of fair procedure and an unethical action, and it is fundamentally flawed,” Connell’s letter argues.
Staff should only face allegations of misconduct from an accuser whose statements can be cross-examined, she adds.
Fórsa also argues that the airline’s procedures allow management to add allegations at the end of an investigation, without putting these to the individual involved.
“Not only is this procedurally incorrect, but, as a matter of law, it is incorrect and an unacceptable practice, which again puts our members at a serious disadvantage in meetings,” Connell states.
Witnesses at a Workplace Relations Commission (WRC) hearing involving a former Aer Lingus worker gave details of the practices, sparking the union’s concern.
Fórsa is demanding a meeting with airline management with an “absolute expectation” that this will put a stop to such practices, says Connell.
Aer Lingus did not comment as the WRC case is still under way.
The airline has rejected several of Fórsa’s claims as incorrect and told the union that its disciplinary and other procedures, and its HR processes, all comply with employment law, it is understood.
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Aer Lingus operating crew managers investigate claims against staff and are meant to be independent.
The airline’s HR department briefs these managers on their remit, insiders say.
Fórsa included a copy of Connell’s letter to Aer Lingus management in the newsletter, setting out the union’s concerns at the disciplinary practices.
The organisation is warning members in the airline not to attend formal hearings of any kind without union representation.
It also advises anyone attending witness meetings to clearly state that they “do not consent” to their statements being used for any other purpose than that of a witness meeting.
Nor should they consent to their statements “being converted into an accusation being made against a colleague”, the union cautions.
