Pilot who went AWOL in ’06 told to pay PAL more than P3M

October 11, 2010
Aura Marie P. Dagcutan
Business World

A FORMER pilot of Philippine Airlines (PAL) has been ordered by the Makati Regional Trial Court (RTC) to pay the carrier more than P3 million for violating his contractual obligations and training agreement four years ago.

The Lucio C. Tan-led PAL disclosed the court decision yesterday, giving a preview of what awaits 26 pilots who abruptly resigned last July.

In a statement, the airline said Judge Elpidio Calis of the Makati RTC Branch 133 ordered former PAL pilot Zenon Lukban to pay up in a decision dated Sept. 15.

Mr. Lukban owes PAL P1.5 million and interest of 6% annually for violating his employment contract, the airline said.

“In addition, the respondent was held liable to reimburse PAL the amount of P1.87 million, plus interest, for the cost of training his replacement, as well as P50,000 in attorney’s fees,” the carrier said.

It added: “Judge Calis said one of the conditions of Lukban’s training agreement required him to serve the flag carrier for five years in exchange for the cost of training shouldered by PAL.”
PAL said the respondent wrote a letter of resignation to chief pilot Capt. Rolly C. Canlas on April 19, 2006.

“His resignation was to take effect on May 20, 2006. On May 8, 2006, PAL management officially rejected Lukban’s resignation saying this was in violation of his training contract which was to expire in July 2009,” PAL said.

“The agreement also required the pilot to file his notice of resignation 120 days before the intended date of resignation,” the airline said.

The notification requirement was later changed to 180 days after the Philippine Overseas Employment Administration declared that pilots and aircraft mechanics were providing “mission critical skills.”
“But since Mr. Lukban went absent without official leave immediately after tendering his resignation, administrative and civil cases were pursued by the airline against the erring pilot,” the airline said.
The Makati RTC’s order comes on the heels of PAL’s move to lodge multimillion-peso damage suits against 26 pilots and first officers who resigned in July to take higher-paying jobs in the Middle East and elsewhere in Asia.

So far, 16 pilots and first officers are facing charges of abandonment of duty and breach of contract before a Makati trial court.

PAL is demanding each of the defendants to pay P1.28 million for the cost of training, P1.87 million for the cost of training another pilot, P2 million in actual damages, P500,000 in exemplary damages, payment for additional cash advances, and costs of litigation.

The abrupt resignations forced PAL, which is currently mired in labor disputes with cabin crew and ground workers’ unions, to cancel some domestic flights last July.

Last week, last-ditch efforts to settle a row between PAL and its flight attendants’ and stewards’ union failed, forcing the Labor department to take over a collective bargaining deadlock to prevent a crippling strike.

The Labor department also assumed jurisdiction over a dispute with ground workers in April following PAL’s decision to outsource three non-core units to cut costs.

The PAL Employees Association submitted on Friday a proposal for a new collective bargaining agreement for the first time since a moratorium imposed in 1998, when a strike forced the carrier to shut down operations. --