The airline shut down its Manchester base last month. Its pilots were transferred to Dublin and a retraining course was scheduled for next week.
Mr Blair says he was rostered to be on that retraining course but was told that it was an error.
Aer Lingus also said he was on sick leave and as such is not attending work, but he says he was not on sick leave at the time.
He had been suspended on pay last November to allow for an investigation into a complaint that he had required cabin crew, who were on a “positioning flight” from Barbados to Manchester, to sit in economy rather than business class.
There were no passengers on the flight.
The airline’s solicitors wrote to tell him that his suspension remains in place
There had been industrial action by Aer Lingus cabin crew in Manchester at this time, seeking higher pay. The cabin crew on the Barbados flight did not take part in the industrial action.
It is claimed Mr Blair did not comply with an instruction from a chief operations officer to allow the crew to sit in business class and disciplinary action was taken against him by Aer Lingus UK.
Today’s News in 90 Seconds – Sunday,April 26
He brought proceedings earlier this month against Aer Lingus Ltd and Aer Lingus UK Ltd, over what he said was the airline’s insistence that he would have to remain in the UK while disciplinary proceedings against him continued, even though he said it had been agreed he would transfer to Dublin.
In a new High Court application, seeking to be allowed sit next week’s retraining course, he said the disciplinary investigation concluded last January.
Last week, the company’s solicitors wrote to him to tell him that his suspension remains in place, though this “does not constitute disciplinary action, as is expressly provided for in the UK disciplinary procedure.”
Seeking an early hearing of the matter, Cathy Smith SC, for Mr Blair, said he was told he was rostered for the training and then told he was rostered in error.
She disputed a suggestion by the Aer Lingus side that the retraining would easily be organised and available on another date. Counsel said this was training which was specifically for pilots who have been transferred from the Manchester operation.
Mairéad McKenna SC, for Aer Lingus, said he was employed by the UK company and is suspended as per his UK contract – so under English law, he is not available to attend training organised by the airline in Dublin.
He is suspended and continues to be paid.
Aer Lingus believes the process in the UK should continue until there is some outcome after which retraining may have to be arranged.
Mr Justice Brian Cregan, who noted that there needed to be an early hearing because the training begins on Monday, put the application in for hearing on Friday.
