Ryanair brings legal challenge over social welfare appeal
Ryanair has gone to court in a bid to set aside a decision of an appeals commissioner in a social welfare appeal to refuse the airline permission to cross-examine certain witnesses.
The airline has taken issue with the decision of the appeals commissioner and it claims Ryanair has been refused leave to cross-examine witnesses and expert accounting witnesses in the long-running case involving a pilot Paul Clements concerning insurability.
Mr Clements, a pilot, it is claimed, is a director and shareholder of Redsberry Management Services which contracted with another company to provide the services of Mr Clements to Ryanair over a four-year period to 2014.
The social welfare appeal concerns the insurability of Mr Clements. The Department of Social Protection had in 2015 determined that Mr Clements was insurable as an employee of Redsberry for benefits and pensions under the Social Welfare Acts during the four-year period.
Mr Clements appealed that decision and contended he was an employee of Ryanair. In a 2016 decision, the appeals officer agreed with the Department decision.
The latest appeal by Redsberry claims Mr Clements was self-employed. An oral hearing began in 2017 and had been adjourned a number of times. When last adjourned Mr Clements was still under cross-examination by Ryanair.
In a written decision on March 6 this year, the appeals commissioner refused Ryanair liberty to cross-examine certain witnesses but it could continue the cross-examination of Mr Clements. Ryanair, it is claimed, was also refused liberty to present its own evidence or to give submissions.
The legal challenge has been brought against the chief appeals officer and the Minister for Employment Affairs and Social Protection. Mr Clements and Redsberry Management Services Ltd are notice parties to the proceedings.
In the judicial review, Ryanair is seeking to set aside the order of the appeals officer in the social welfare appeal made on March 6 this year in which Ryanair was refused leave to cross-examine witnesses called on behalf of the pilot and Redsberry Management.
Ryanair was also refused leave to introduce witness evidence in support of Ryanair’s case, it is claimed, and it further claims it was refused liberty to make submissions and to cross-examine expert accounting witnesses.
It also seeks a declaration that the decision of the appeals officer on these matters breached the airline’s natural and constitutional rights to fair procedures.
It further seeks an order permitting the airline to cross-examine the witnesses and to make submissions.
Mr Justice Charles Meenan said that the application for judicial review should be made with notice to all sides. However, he granted Ryanair a stay on the appeal hearing with liberty on either side with 72 hours' notice to apply to lift the stay.
The case will come back before the court in July.
