MANILA, Philippines - In their first win against the Philippine Airlines, several members of the Flight Attendants’ and Stewards’ Association of the Philippines (FASAP) were able to secure an injunction order from a Makati court against the company’s compulsory retirement policy. 

In an order dated July 19, Makati Regional Trial Branch 147 Presiding Judge Oscar B. Pimentel restrained the management from further implementing a policy directing female flight attendants hired before November 22, 1996 to retire upon reaching the age of 55.

The writ of preliminary injunction was served only last July 30.

The judge gave credence to the allegations of the female flight attendants that the policy, which allows their men counterparts to retire at the age of 60, is discriminatory and unconstitutional.

‘Rehire them’

In a phone interview, lawyer Lorna Patajo-Kapunan said her team of lawyers will ask the court to direct PAL to “rehire and pay them their due compensation.”

She said the court will soon schedule the continuation of hearings after the petitioners paid an injunction bond worth P1.5 million.

In 2010 alone, a total of 14 flight attendants were retired by PAL because of the policy.

With the injunction, about 10 should not be forcibly retired this year. Kapunan, however, said they have not received any flight schedules.

Thus, they are, in effect, not working.

The court has yet to rule on the merits of the case, following an order from the Supreme Court on October 9 last year.

The class suit, led by Patricia Halagueña, was originally lodged before the sala of Makati Executive Judge Maria Cristina J. Cornejo.

The petitioners numbered about 600, all female flight attendants hired by PAL before November 22, 1996. They are all members of FASAP, which is represented by the Kapunan Lotilla Garcia & Castillo Law Offices.

Cornejo issued a temporary restraining order in August 2004 and a subsequent injunction the following month.

Kapunan explained PAL delayed the determination of the merits of the case, by questioning the jurisdiction of the judge. PAL went to the Court of Appeals, saying the labor case should be handled by a labor arbiter.

The appellate court agreed and set aside the orders of the lower court in October 2004.

Finally, the high court ruled in favor of the flight attendants and ordered the Makati court to “continue with the proceedings with deliberate dispatch.

Strike

“These female flight attendants have given their best years in faithful service to PAL. We trust that PAL will comply with the order of the court and will continue to provide not just flight schedules but a friendly working environment to these flight attendants,” Kapunan said.

The provision on the retirement of 55-year-old female attendants is, in fact, only a part of a heavily contended policy prescribed in the PAL-FASAP 2000-2005 Collective Bargaining Agreement.

PAL has 2 other sets of compulsory retirement policies. The other 2 are: flight attendants, both male and female, hired after November 22, 1996, are retired at age 45; and male and female flight attendants hired after November 22, 2000 are retired at age 40.

Asked if the group will also question this in court, Kapunan said she has not yet received any go-signal. Instead, what they told her was that they will go on strike.

FASAP has had subsequent meetings with PAL on the policy, but has remained on a deadlock to date.

FASAP President Bob Anduiza had said they will go on strike within the next week or so.

PAL has been deluged with labor complaints lately, including the exodus of its pilots. The resignations have in fact forced PAL to cancel flights starting Saturday.

The government has already intervened.