Avianca won for the sixth time the trial on the illegality of the stop of the Acdac pilot

"The legal security of the country is threatened". This is the impression that caused the reiterative review on the illegality of the cessation of activities by a minority group of pilots from Avianca, affiliated with the Colombian Association. Civilian aviators (Acdac), between September 20 and November 12, 2017.

On October 6 of last year, the Labor Chamber of the Superior Court of the Judicial District of Bogotá had already declared the illegal strike and even, in second instance, the Labor Chamber of the Supreme Court of Justice ratified the illegality of the cessation on 29 November. Both decisions were taken during the special process of clbadifying the strike as illegal.

During this period, between October 6 and November 29, the same chamber of the Supreme Court, in first instance, declared the action inadmissible protection filed by Acdac in response to the decision made by the Chamber of the work of the Superior Court of Bogotá and, later, the Criminal Chamber of the same office upheld the inadmissibility.

The ongoing audit of what has already been said in two cases by five judges has not been well seen. In the opinion of lawyers, businessmen and union leaders, this meant that there were no clear rules of the game. However, the Civil Chamber gave the reason to Avianca for the sixth time, declaring the tutelage in the second instance inadmissible.

"We have received with confidence and applaud the decision of the Civil Chamber, which is consistent and consistent with that made previously. Hernán Rincón, President and CEO of Avianca

Among the conglomerates, the president of the Colombian Air Transport Association (Atac), Andrés Uribe, celebrated the decision, while the director of the Council Ricardo Triana said that this represents a good precedent for the country.

Rincon added that "this decision should close once and for all the incessant lawsuits, guardianships and lawsuits that Acdac continues to practice against Avianca claiming to ignore the decisions made."

However, Guerrero & Asociados partner and director of the company, Juan Manuel Guerrero, said that the union or you can always request that the decision be reviewed. "Although the Civil Chamber has confirmed that there was no violation of Acdac's fundamental rights, or irregularities in the process of qualifying the illegality of the deletion, legally, the union could ask for the revision of the Constitutional Court and this decision should be known by the end of this year.However, as this is a case in which six decisions coincided, the Court should not choose the guardianship for examination. "