Background

The pilot had resigned from the airline because the company planned to phase out the relevant aircraft type, thereby creating a high probability of dismissal. Bletchley Park was requested legal advice after a pilot had received a subpoena from the airline.

Approach

At first we stipulated that the court mentioned in the subpoena was incorrect, leading to a more favourable court in The Netherlands instead of Germany. The company stated that the pilot had agreed with the training bond and for this reason he had to compensate the company for the costs of the type rating. The pilot disagreed and stated that there were no legal grounds for such a compensation and under the given circumstances demanding compensation would be unreasonable. While the contract included a passage on the dissolution of the agreement before the end date of the bond and the repayment therof, it did not clearly state that the employee had to pay compensation if he initiated the resignation.

Result

The court ruled the pilot did not have to pay any compensation and the plaintiff had to pay the costs of litigation to the pilot.

Relevance

This case proves the importance of the wording of a contract.

Bletchley Park assists companies and private persons with advice on jurisdictions and drafting & negotiating of contracts on their behalf.

If you want to know how we can assist you, book a free consultation below.