Photo courtesy: Avianca. /
Avianca won for the sixth time the lawsuit on the illegality of the Acdac pilot stoppage
“The legal security of the country is at risk.” That was the impression that caused the reiterative review on the illegality of the cessation of activities by a minority group of pilots of Avianca, affiliated to the Asociación Colombiana de Aviadores Civiles (Acdac), between September 20 and on November 12, 2017.
By October 6 of last year, the Labor Court of the Superior Court of the Judicial District of Bogotá had already declared the strike illegal, and even, in the second instance, the Labor Chamber of the Supreme Court of Justice had ratified the illegality of the dismissal on November 29. The two decisions were made during the Special Illegality Qualification Process of unemployment.
In that period, between October 6th and November 29th, the same Supreme Court Chamber, in the first instance, declared inadmissible the action for protection filed by Acdac in response to the decision issued by the Labor Chamber of the Superior Court of Bogotá and time later, in second instance, the Criminal Chamber of the same office confirmed the inadmissibility.
“In a case as clear as this, the Constitutional Court should not choose this guardianship for review, although it is legally possible to do so”.JUAN MANUEL GUERRERO
The continuous verification of what has already been said in two instances by five judges was not well regarded. In the opinion of lawyers, businessmen and union leaders, this meant that there were no clear rules of the game. However, the Civil Chamber yesterday gave the reason to Avianca for the sixth time, declaring inadmissible the guardianship in second instance.
“We received with confidence and applauded the decision of the Civil Chamber, which is coherent and consistent with that previously made by the Labor Chamber”, said Hernán Rincón, president and CEO of Avianca.
Among the conglomerates, the president of the Asociación del Transporte Aéreo de Colombia (Atac), Andrés Uribe, celebrated the decision, while the director of the Consejo de Empresas Americanas (CEA), Ricardo Triana said that this represents a good precedent for the country.
Rincón added that it is expected that “this ruling will close once and for all the incessant lawsuits, guardianships and legal actions that Acdac continues to exercise against Avianca pretending to ignore the decisions made”.
However, the partner and director of the firm Guerrero & Asociados, Juan Manuel Guerrero, said the union can still request that the decision be reviewed. “Although the Civil Chamber confirmed that there was no infringement of the fundamental rights of Acdac, or irregularities in the process of qualification of illegality of the cessation, legally, the union could request the review of the Constitutional Court and that decision should be known at the end of this year. However, as it is a case in which six decisions have coincided, the Court should not choose the guardianship for review”.
By La República DailyJuly 19th, 2018