The High Court hopes to give judgment on Wednesday next on an application by a suspended Ryanair pilot to have the airline's chief executive, Michael O'Leary, and its director of flight operations, David O'Brien, punished, whether by imprisonment or otherwise, for alleged contempt of a court order restraining the company from holding a disciplinary meeting with the pilot.
At the conclusion of a two-day application yesterday, Mr Justice Barry White said he would try and give judgment on Wednesday next on the application by John Goss, who claims the suspension is an effort to bully and harass him and other Ryanair pilots who are seeking to have their rights enforced through legitimate industrial relations procedures of the State.
Mr Goss said Ryanair's chief pilot, Ray Conway, had told him in a recent conversation that Mr Goss should "look after" himself and that "he is ruthless". Mr Goss said he believed the "he" referred to was Mr O'Leary. Mr Conway told the court yesterday in an affidavit that he had said Mr O'Leary was "ruthless" but said this was in the context that Mr O'Leary was determined Ryanair pilots would not have dealings with the private airline through the pilots' association, IALPA.
Ryanair denies the claims of contempt and has argued Mr Goss is not suspended but has been taken off flying duties as a "temporary" and "an operational and safety decision".
In submissions yesterday, Ryanair's senior counsel, Richard Nesbitt, said Mr Goss had been "taken off flying duties" and what had happened to him ought never to have been called a suspension. He argued that taking Mr Goss off flying duties was not amenable to review by the court at this point because it was not an adjudication of the issue. It was simply a determination being made by the person responsible in the company that it was not appropriate that Mr Goss should fly.
Mr O'Brien, in an affidavit, said it would be wholly inappropriate to allow Mr Goss for operational and safety reasons to fly passenger aircraft during the run-up to the full High Court hearing, which has been fixed for May 31st, given "the inevitable pressures" of such proceedings.
Earlier, Mr Goss's senior counsel, Hugh Mohan, said the fact Mr O'Leary had approved the suspension must lead to a finding of contempt against him. Counsel urged the court to make a finding of contempt and said Mr Goss's suspension was inextricably linked to the disciplinary process.
The sanctions for contempt included prison, monetary fines, censure or whatever was necessary to ensure the contempt was purged. It was critical the court mark its displeasure over what had happened. There had been a letter to Mr Goss threatening, bullying and intimidating him. It was evident Mr O'Leary had approved it, counsel said.
Ìn an affidavit opened yesterday, Mr Goss said that on February 20th last he had a conversation with Ryanair's chief pilot, Ray Conway. Mr Conway told him he "should look after" himself. Mr Conway also stated that "he is ruthless". Mr Goss said he believed Mr Conway was referring to Michael O'Leary.
Mr Conway, in a replying affidavit, said he had known Mr Goss for over 30 years both in the Air Corps and as a Ryanair pilot. He told Mr Goss to "look after number one" out of a genuine concern for Mr Goss, having known him for so long and in circumstances where Mr Conway felt he was being used by a third party against Ryanair.
Mr Conway referred to a medical certificate for Mr Goss that had been produced for the purposes of complying with aviation regulations. He said that certificate did not address the issues which Mr Conway had to address when forming an opinion as to returning a pilot to duty.