49er Captain George Crofts' Employment Tribunal Ruling in UK
Crofts v Veta
Captain George Crofts is the 49er plaintiff in the UK legal actions. Since July 2001, the UK legal arguments have centered on jurisdiction: whether a pilot working for Cathay Pacific Airways, or its subsidiaries, is covered by UK employment legislation. In May 2005, the Appeals Court ruled that Veta pilots (those flying Cathay Pacific Airways aircraft but based in the UK) were covered by the UK Employment Rights Act.
Veta appealed to the House of Lords and the case was heard in November 2005, with the judgment being handed down in January 2006. The House of Lords ruled in favour of Captain Crofts. Throughout, Veta has been ordered to pay costs.
On 25th & 26th July 2006, 5 years after his dismissal, Captain Crofts finally put the facts of his case – for breach of contract, unfair dismissal and failure to provide written reasons – before the Employment Tribunal. Veta had already conceded the last 2 issues. Captain Crofts also sought a reinstatement order.
The ruling was handed down on 16th October 2006. Captain Crofts succeeded in all of his claims although a reinstatement order was denied. This is a major victory inasmuch as, not only have UK Veta pilots succeeded in being covered by UK Employment Law, but Veta was found to have breached the contract when it fired The 49ers. Job security for the remaining pilots has therefore been greatly strengthened.
Captain Crofts was also awarded £70,291 in damages - 1,925 days after he was unjustly dismissed. For The 49ers, this is a significant milestone as, at last, one of their number has had his named cleared and his reputation restored.
The 49ers Legal Team expanded on the findings in their report.
A selection of the evidence - which is already in the public domain - and some observed comments are provided below.