A complaint regarding the alteration of contracts of employment at Ryanair will be moved to the Labour Court.

The complaint, which was initially lodged by the Irish Airline Pilots Association, a division of the IMPACT trade union, at the Labour Relations Commission (LRC) has progressed to the Labour Court, which could issue a binding decision.

The union wants to reach agreement that pilots will be supplied with full particulars of their contract of employment in accordance with the Terms of Employment (Information) Act 1994. It also wants to ensure that contracts of employment cannot be altered other than by agreement.

This week Ryanair chief executive Mr Michael O'Leary said he would not let the Labour Court impose conditions on the airline and that he would mount a constitutional challenge to the Act.

Two weeks ago Mr O'Leary wrote to Mr Declan Morrin, LRC director of advisory services, after it had notified the airline of the complaint. In the letter, seen by The Irish Times, Mr O'Leary said Ryanair would not participate in the proposed procedure and said IMPACT and IALPA had no basis for making the application.

"We will not allow a trade union, which primarily represents the pilots of our main competitor, to impose effective union recognition through the back door of the Labour Relations Commission, using what is clearly an unconstitutional process," he stated.

Mr O'Leary warned the LRC that, unless it received confirmation that this "unwarranted and unconstitutional interference" would cease by November 22nd, Ryanair would initiate legal proceedings to challenge the constitutionality of the 2001 Industrial Relations (Amendment) Act and its 2004 Amendment.

"This challenge will, when successful, prevent any further interference by trade unions and the Labour Relations Commission in the affairs of high-pay, non-union multinational companies like Ryanair," the letter stated.

Mr O'Leary said that, if the airline did not receive such confirmation from the LRC, High Court proceedings would follow without further notice. Yesterday, a Ryanair spokesman said its position remained unchanged.

The IALPA case is being taken under the Industrial Relations (Miscellaneous Provisions) Act 2004, a measure which emerged from discussions between the social partners on the issue of union recognition.