Court of Appeal session, BA v BALPA - live broadcast on YouTube, 30 July 2019
Jul 31, 2019, 3:29 am
#92
Ambassador, British Airways Executive Club, easyJet and Ryanair
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The ECHR has taken several decisions confirming it sees the fundamental right to strike as covered by art 11 (eg Ognevenko v Russia in 2018). How it scopes that right is not always clear as states have scope to legislate but some unions have been successful at getting cases upheld most legal specialists thought they would not. Ecj is an entirely separate route that would require some breach of eu ref or directive. I don’t know/think that it is the case here
Jul 31, 2019, 3:29 am
#93
Ambassador, British Airways Executive Club, easyJet and Ryanair
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Jul 31, 2019, 3:32 am
#95
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As mentioned upthread, there’s an element of straying into GDPR territory here.
BALPA should only be keeping the data that they need for their own purposes. This should be basic membership and any information for CPD I would have thought.
Is this now going to say that they need to keep a shed load more just in case they need to provide it to employers in the event of industrial action?
BALPA should only be keeping the data that they need for their own purposes. This should be basic membership and any information for CPD I would have thought.
Is this now going to say that they need to keep a shed load more just in case they need to provide it to employers in the event of industrial action?
That is not in keeping with GDPR/ DPA(2018)
That requires organisations to hold the minimum data set necessary for their given purpose
Jul 31, 2019, 3:38 am
#96
FlyerTalk Evangelist, Ambassador, British Airways Executive Club
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does it not depend? Imagine the disaggregation meaning that the union has to explain a vote of 100% in favour among long haul first officers at LCY, which may well only include a handful of members of the union. In fact given what I understand to be the overwhelming result of the strike vote there may even be one or two more categories which if disaggregated by place of work, fleet etc might show a 100% results which would make individual members by nature identifiable?
Jul 31, 2019, 3:47 am
#99
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Jul 31, 2019, 3:47 am
#100
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Jul 31, 2019, 3:55 am
#102
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Look like it could take a while, shame they can't just come out and say they've considered all the arguments and points of law and rule xyz.....
Jul 31, 2019, 3:58 am
#103
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Yes, but that they are explaining the rationale behind the conclusion that they are about to deliver. Whatever the decision is, as it will be used in future cases
Last edited by Tiger_lily; Jul 31, 2019 at 4:14 am
Jul 31, 2019, 4:00 am
#104
Ambassador, British Airways Executive Club, easyJet and Ryanair
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They are clarifying an important point of law, they are explaining the background, referencing the evidence they have considered in reaching their decision and will go on to explain the reason for reaching the decision they have. .
Jul 31, 2019, 4:11 am
#105
Join Date: Oct 2012
Posts: 23
I suppose the frustration revolves around BA's claim that inclusion of fleet information would help them to plan for disruption.
At the level of membership, turnout and ballot result in this case it is clear that this is false.
All this legal attempt achieves is an expensive further delay in uncertainty for everyone. It is not a solution!
At the level of membership, turnout and ballot result in this case it is clear that this is false.
All this legal attempt achieves is an expensive further delay in uncertainty for everyone. It is not a solution!