Reference postponed again

The reference of the CSIP regarding the use of "foreign" ground handlers by Air New Zealand and Air France during the strike by Air Tahiti has been postponed for the second time, this Monday.

Lawyer denounces illegal practices

Me Arcus Usang, the lawyer for the Confederation of Independent Unions of Polynesia (CSIP), denounced "illegal practices," stating that Air Tahiti "has no right" to lease its equipment. He questioned the rapid issuance of work permits and "airport accreditation" for the "foreigners," noting that the usual process takes about "five weeks."

Postponement requested by court

The matter was postponed at the request of the president of the first instance court, Nathalie Tissot, who expressed regret over not having received new documents attached to the file prior to the hearing. Me Arcus Usang stated that the court accepted the exchange of documents between colleagues in extremis, even just before the hearing, which is considered normal.

Lawyers criticize the practices

The postponement was not appreciated by the lawyers, who described the practices as "completely illegal." During his argument, Me Arcus Usang recalled that on October 25, the director of the airline, Édouard Wong Fat, was questioned after a meeting on the same date.

CSIP finds foreign labor used

The CSIP has found that "foreign companies" have used "foreign labor" to use Air Tahiti equipment. The lawyer explained that Air Tahiti is engaging in "self-assistance," which Air New Zealand or Air France cannot do because they "do not have the equipment to do so and it is Air Tahiti that owns all the equipment on the Tahiti airport site."

Right to strike emphasized

He emphasized that the right to strike is a fundamental right and cannot be bypassed through legal contortions. Me Arcus Usang cited article LP 1231 of the Polynesian labor code, which prohibits concluding a fixed-term contract to replace an employee whose employment contract has been suspended due to a strike.

Authorization procedure not respected

He noted that the authorization procedure was not respected and that the striking staff of Air Tahiti has filed a complaint with the Labor Department. Access to the airport platform falls under the competence of the State through notably the General Directorate of Civil Aviation.

Surprise over authorizations

Me Arcus Usang expressed surprise that the authorizations were given, stating that the entire authorization procedure was not respected. He mentioned that the situation is "a bit different," but adds that "it is the same legal basis."

Request for further examination

He requested a postponement to examine all the arguments of the Somstat. The case was postponed to this Tuesday, and the lawyer stated he will "do everything possible to stop these completely illegal practices."

Dispute over work authorization terms

Me Arcus Usang also disputed the terms used by Me Yves Pirou, the lawyer for Air Tahiti, last week, indicating that there is "an entire procedure for work authorization accompanied by the 2019 law of the Country on the protection and promotion of local employment, with publication deadlines at the Sefi to see if indeed the competent local workforce exists. If it does not exist, then you can resort to it. But doing it in 4-5 days is surprising."