PAL loses, ordered to pay P100M to FAs in gender discrimination suit 

Flag carrier Philippine Airlines (PAL) was ordered by a Makati court to pay P100,000 each to its close to 1,000 retired female flight attendants (FAs) after the airline lost an 11-year legal battle over gender discrimination last month. 

 

Judge Winlove Dumayas of the Makati Regional Trial Court Branch 59 on May 22 ruled in favor of the retired FAs, who questioned a provision in the Collective Barganing Agreement (CBA) of the PAL-Flight Attendants and Stewards Association of the Philippines (FASAP) which forced them to retire at a young age. 

 

Section 144 of the CBA provides that cabin attendants hired before November 1996 should retire at the age of 55. Their male counterparts had to retire by the age of 60. 

 

Lawyer Lorna Kapunan, who represents the petitioners, said close to 1,000 retired FAs will benefit from the Makati court ruling. 

 

"It's important that PAL does not delay this case anymore because the longer the case drags, marami pang injustice. FAs all over the Philippines will benefit from this because there will be equality in the workplace," Patricia Halaguena, one of the petitioners, said. 

 

Kapunan said the gender discrimination case was first filed in July 2004. A month later, the airline sought relief from the Court of Appeals arguing that the Makati court does not have jurisdiction over the petition because the case involves a labor claim. 

 

In October 2009, the Supreme Court (SC) reversed the decision of the CA and ordered the Makati court to continue with its proceedings. 

 

In its ruling last month, the Makati court said the retired FAs are entitled to moral damages because they were "wrongfully retired causing injury to their persons." 

 

"They lost all their medical benefits but the male attendants who were still allowed to work get to have all the benefits the female flight crews and attendants used to enjoy. Moreover, some of the petitioners got depressed because they were foced to retire at a young age," the court said. 

 

Dolores Paras, also a retired FA, admitted that she was depressed for months after being forced to retire. She said she was not able to find work since. 

 

Some of the petitioners said they were forced then to take their retirement checks -- the computation of which was based on their pay at the age of 50 -- but received it "under protest."

 

Kapunan said the case was a huge victory for all victims of discimination. 

 

"This is particularly true for people who have been discriminated against by reason of their gender and/or age who were unduly deprived of employment and robbed for their dignity as valuable members of our society," she said. 

 

Kapunan likewise appealed to PAL to accept the decision of the court. In this case, the airline can still file a motion for reconsideration to seek a ruling in their favor. 

 

"Sana huwag na mag-delaying tactics ang PAL kasi masyado nang matagal. They spend so much money on aircrafts and yet they don't want to spend money on their human resource," she said. 

 

GMA News Online has sought comment from PAL but the airline has yet to reply as of posting time. - JJ, GMA News