The facts are simple: a pilot from Antigua, took legal action in Sint Maarten to demand that his employer based in Sint Maarten, an airline company, pay him the part of his salary that he does not have. collected between April and October 2020. They are part of the context of the health crisis.
In April and May, the pilot receives 80% of his salary, from June to September 60%. And nothing in October. He is therefore asking the court to order his employer to pay him USD 11 corresponding to the balance he considers due.
The court considers that the employer did not give reasons for its decisions. “He had to specify that the economic situation of his company was such that it required (among other things) a reduction in wages. However, in the present proceedings, he completely failed to justify his financial situation, ”notes the court. “An employer who invokes economic circumstances requiring changes in employment conditions and thus having major consequences for employees can be expected to provide an overview of these circumstances with verifiable data. Without any information, it cannot be judged whether a reasonable proposal was made to the employees in the given circumstances, ”notes the court for whom the argument that“ it was common knowledge that international air traffic was seriously affected ” is not enough.
The court considers that the pilot should have received 100% of his salary until the end of his contract and condemns his former employer to pay him the difference during the period concerned. (soualigapost.com)
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