The 49ers Story

The 49ers Story

"The 49ers" were created on 9^th July 2001, following the termination by Cathay Pacific Airways of 49 pilots. The 49ers were selected by a "Star Chamber". Their story has become one of the longest industrial disputes in aviation history.

It has been successively documented by many authors and newspapers. Six of the most concise histories are:

The 49ers Special (1)

The 49ers Special (2)

Cathay Pacific Pilots on the Brink

Vereinigung Cockpit Magazine Article

Letter by John Warham

Wikipedia

John Warham has also written a book detailing his account, from the beginning of his career, that tells The 49ers' story up to the point of the HK Court of Appeal decision in December 2010.

So what are the chances of that number of 49ers being terminated randomly with respect to their union membership?

Professor Yip from the University of Hong Kong did a study and concluded:

Additionally, The 49ers' plight has been extensively researched by the United Nations' International Labour Organisation with sequential reports by the Committee on Freedom of Association.

In 2005, the HKAOA elected to cease legal and welfare funding for any 49er who chose not to accept "the offer" that was then available. Originally only 4 of The 49ers had wanted to accept "the offer". With the withdrawal of support by the HKAOA, they were left with few choices:

Nineteen elected to seek employment with Cathay Freighters, effectively restarting their careers at the lowest pay grade. Only 12 of the 19 were subsequently offered jobs.
Nineteen chose to continue with their fight for legal justice. Subsequently, one - Richard Bennett - died.
The remainder chose a cash settlement.

The remaining 18 pilots, with the help of The CPU, sought justice and were rewarded for their perseverance on 11th November 2009 with an unequivocal judgment in their favour. The 18 include the estate of Greg England, who died on 29^th January 2002.

The High Court ruled that Cathay Pacific wrongly and unfairly dismissed 18 pilots in 2001 following industrial action. Mr Justice Reyes ordered the airline to pay HK$150,000 plus one month's salary to each of them. In addition, the airline was also told to pay HK$3.3 million to each pilot for defamatory remarks it made against them.

However, on 24 December 2010, Judges Frank Stock, Susan Kwan and Johnson Lam of the Court of Appeal overturned the judgment of the lower court to the extent that the claim for wrongful termination of contract was dismissed. The finding that Cathay Pacific wrongly sacked the 18 pilots for their union activities was upheld. The Court also upheld the defamation claim but reduced the damages for the defamatory comments made by Cathay Pacific management. The judges also modified the judgment awarding payment of legal costs to the pilots and instead said that they should now pay some of Cathay’s costs.

The leader of The 49er Plaintiffs, Captain John Warham, launched a book titled "The 49ers – The True Story " on 25 March 2011.

The pilots were awarded leave on 26 October 2011 to take their case to the Court of Final Appeal. The matter was heard before Hon. Mr. Justices Bokhary, Chan & Ribeiro who are all Permanent Judges of the Court of Final Appeal. The matters to be decided upon by the Court will concern wrongful termination of contract and the level of damages for defamation.

The case will be heard by the Court of Final Appeal on 27 August 2012.

The Cathay Pilots Union is proud to support those remaining 49ers who sought justice and fair treatment.

Note: The colour yellow has become associated internationally with hostages. The 49ers adopted the yellow ribbon as their emblem in July 2001 as hostages of industrial terrorism.