AirAsia Zest frustrated with CAAP, DPWH

AirAsia Zest chair and AirAsia Philippines CEO Maan Hontiveros expressed her extreme disappointment with the Civil Aviation Authority of the Philippines and the Department of Public Works and Highways over the delay in the restoration of the Daniel Z. Romualdez Airport in Tacloban City. Last Sept. 3, CAAP ordered the closure of the Tacloban airport to repair the potholes and conduct asphalting work over the entire runway surface to prevent further deterioration caused by Typhoon Yolanda last November. CAAP reopened the airport two days later but only for smaller turbo propeller aircraft.

Aside from the runway repair, restoration work for the facilities destroyed by the typhoon are also ongoing, with CAAP giving assurances that the work will be finished this October. While CAAP had asked the DPWH to speed up the repair work on the runway, work is expected to be finished by December 3, with bigger jets such as Boeing 737s and Airbus 320s banned from landing meantime.

Not surprisingly, business groups not only in Tacloban but also in Eastern Visayas have expressed disappointment over the slow work on the runway because of the disruption in their operations and business transactions. People are also asking why it has to take three months or so to finish the asphalt overlay. The airport is a vital cog in the recovery efforts of Tacloban, with many groups having donated millions to help the people get back on their feet.

It can be recalled that AirAsia Philippines mounted rescue and relief flights to the devastated areas two days after the onslaught of Typhoon Yolanda. The airline was also among the first to operate humanitarian flights for relief workers and survivors and carried hundreds of tons of donations. It also made over 250,000 free seats available for people in search of missing relatives in the wake of the killer typhoon.

In fact, AirAsia also donated close to P100 million via a region-wide, multi-tiered campaign by the airline group, with cash donations collected on board flights, at selected airports through the AirAsia network and via the AirAsia Foundation microsite. The airline matched the donations that poured in from people in 75 countries all over the world, with Group CEO Tony Fernandes personally flying in last May to hand over the donations.

AirAsia was the first commercial airline to enter Tacloban, and Fernandes had committed more flights – something that businessmen were looking forward to knowing it would benefit businesses, among them restaurants and hotels that accommodate local and foreign aid workers and volunteers. However, the slow progress in the runway repair have set them back and could bring them down on their knees again, the frustrated businessmen lamented.

FA wins fight vs Northwest

The Yusingco Law Office sent Spy Bits a copy of the Supreme Court decision on a case involving the law firm’s client Ma. Concepcion del Rosario and Northwest Airlines (which has since been merged with Delta Air Lines). Del Rosario was a flight attendant assigned at the Business Class section of a Northwest flight bound for Japan on May 18, 1998. During boarding preparations, another FA assigned at the First Class section needed to borrow a wine bottle opener – prompting Del Rosario to remark that any flight attendant who could not bring a wine bottle opener had no business working in First Class. The comment triggered a verbal confrontation that escalated into a heated argument.

An investigation into the incident resulted in the termination of Del Rosario from Northwest for violating the Rules of Conduct for Employees that says serious acts of misconduct, even committed during the first time, could justify immediate discharge from the service. Among the acts enumerated include “fighting” which the airline used as basis for dismissing Del Rosario.

Del Rosario subsequently filed a case of illegal dismissal against Northwest. A labor arbiter initially ruled in favor of the airline, citing that a good public image is necessary in the airline business and that flight attendants are expected to maintain an image of sweetness and amiability, and that fighting even in the form of heated arguments is contradictory to the expected image.

Upon appeal, however, the National Labor Relations Commission overturned the decision of the labor arbiter, declaring that the incident involving Del Rosario is not synonymous with “fighting” which several dictionaries define as something that involves physical conflict or struggle with underlying animosity or hostility – contrary to what happened where witnesses said the parties were “arguing” or were engaged in a “serious animated discussion,” and that they did act like they wanted to (physically) strike each other. NLRC also did not give credence to the statement of a base manager who alleged that Del Rosario challenged the other FA to a “sabunutan” (hair pulling fight) saying it was a self-serving statement favoring Northwest, and that it was an apparent afterthought during the investigation which Del Rosario had no chance to refute.

NLRC then ordered the reinstatement of Del Rosario to her former position with payment of back wages and other lost income and benefits from the time of her dismissal. Northwest disputed the decision, alleging grave abuse of discretion by the NLRC, insisting that Del Rosario was dismissed for a just cause – mainly serious misconduct and willful disobedience. The Court of Appeals upheld the NLRC decision, saying the FA’s actions did not constitute serious misconduct, and that the exchange of words did not come within the definition of the word “fighting” which has the elements of a pugilistic combat or battle.

In its Sept. 10, 2014 decision, the Supreme Court affirmed the decision of the Court of Appeals promulgated last June 2002, and also ordered Northwest to pay the costs of the suit. It may have taken more than a decade for a final decision to be rendered, but in the case of Ma. Concepcion del Rosario, it was all worth the wait.

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