KUALA LUMPUR: Malaysia Airlines is applying to set aside an arbitration award given to its pilots association over duty roster and days off.
The award, dated April 27, stated that members of the Malaysia Airlines Pilots' Association (Mapa) could get two days off when they are away from the KLIA base for less than five days.
It was made by arbitrator Ernest Jai Kumar Azad over a clause contained in their memorandum of understanding 2007-2010.
High Court Judicial Commissioner Abu Bakar Jais has set Aug 24 to hear the application by MAS.
MAS lead counsel Ang Hean Leng said the lawsuit relates on the intepretation of the MoU between MAS and the association.
"We are saying that the pilots must be away at least five days from KLIA to be entitled for two days off.
"The pilots' association are saying they are entitled to two days off for being away from base less than five days," said Ang adding that the award was in favour of Mapa.
"We say it is not proper intepretation as it is difficult for scheduling and rostering," he told reporters after the parties met the judicial commissioner in chambers.
Mapa lawyer D.S.Prasad said both have to file submissions for the hearing proper on Aug 24.
Among others, the award stated that the circular dated July 16 last year issued by MAS to all pilots on interpretation of Clause 21.6 is invalid and not effective.
In the originating summons filed in May this year, MAS is asking the court to set aside the award in its entirety or parts relating to the duty roster and days off.
In their grounds, MAS said that the arbitrator exceeded its jurisdiction by not interpreting but engaging to incorporate an entirely new term into the MoU based on extrinsic evidence which is entirely unwarranted and unjustifiable and against established legal principles of intepretation.
It stated that Clause 21.6 clearly provided for two days off for at least five consecutive days away from base (KLIA), and not merely one or two days away from base.
It said the arbitrator's intepretation is unsustainable in law and fact.
Among others, MAS is seeking to refer questions of law to the court on whether the pilot could refuse roster and or flying duty directions on the premise of Clause 21.6.
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