Originally Posted by
Often1
The argument that industrial actions are within management's control is a bit silly.
Of course BA can avoid the action by simply capitulating to the demands of staff. But, that is not realistic and defies even commercial reasonableness as a standard.
CEDR must have thousands of claims on roughly the same facts. Doubt it will step outside what amounts to precedent, if not formally so.
It would be interesting to see BA putting this forward as an argument as if they are found liable for compensation then the economic argument changes significantly. It may be hard to argue that extended periods of IA are sufficient to allow an airline to claim extraordinary circumstances when there are remedies available (e.g. QR leases).
The commercial reasonableness for the airline is not a hurdle that someone claiming their right to compensation has to address.