[Article] Rail ticket firm alleges bullying by Ryanair

[Colm Moore]

http://www.irishtimes.com/newspaper/ireland/2011/1013/1224305706068.htmlRail ticket firm alleges bullying by Ryanair
MARY CAROLAN

A COMPANY licensed by the Dublin Airport Authority to sell rail tickets into London from kiosks at Dublin airport has claimed its business there is “close to collapse” due to an orchestrated campaign of harassment, bullying and obstruction of its staff by Ryanair and its agents.

Ticket Generator Ltd (TGL), a UK company, has secured interim injunctions from the High Court restraining the alleged intimidation. The orders were sought by Mel Christle SC for TGL and were made returnable by Mr Justice Frank Clarke to tomorrow.

The company claimed staff at its kiosk near the Ryanair departure gate at Terminal 1 in Dublin airport were constantly harassed and the public address system for Ryanair flights to Stansted was being used every five minutes to advise queuing passengers to buy tickets for the Stansted Express from Ryanair and not from the “DAA”, “Dublin airport” or “the kiosk”.

Fred Gross, a director of TGL, said it operated from the terminals of 15 European airports and he never before heard of such “malicious and vituperative” behaviour in all his experience in the industry. Ryanair’s behaviour was such that staff working at the kiosk had complained of pressure, stress and sleeplessness, he said.

He said persons wearing Ryanair uniforms had sought to divert passengers away from the TGL kiosk by handing out fliers advising purchase of tickets for the Stansted Express from Ryanair rather than TGL. He had also heard Ryanair staff inform people that TGL was a “rip-off” and “fraud”.

Ryanair was also misleading people about the costs of tickets from TGL and its staff were effectively picketing the kiosk, he said.

The court heard TGL began selling tickets at Dublin airport last August, having entered a licence agreement with the DAA. Ten staff were recruited from an agency to work at two kiosks at terminals one and two. TGL sells rail tickets from Stansted airport to Liverpool Street at Terminal 1, from which Ryanair flies to Stansted exclusively, and tickets from Heathrow from its kiosk in Terminal 2.

Within two weeks of starting its operations at Terminal 1, TGL’s staff were continually harassed, obstructed and intimidated by servants or agents of Ryanair in the sale of tickets, Mr Gross said. TGL had moved its kiosk farther away from the Ryanair departure gate in an effort to avoid such harassment but the activity of Ryanair continued resulting in staff at the Terminal 1 kiosk asking not to be assigned to work there, he said.

Sales at Terminal 1 had fallen by 50 per cent which he attributed directly to the harassment and obstruction, Mr Gross said. Sales at Terminal 2 had operated without interference by Ryanair and those sales had increased, he added.

In an affidavit, Mr Gross said TGL had a long-standing relationship with companies operating rail services from three London airports – Gatwick, Stansted and Heathrow – to various terminals in central London.

The injunction application was made on an ex-parte basis, meaning it was made without notice to Ryanair.

http://www.irishtimes.com/newspaper/ireland/2011/1015/1224305838476.htmlRyanair denies bullying campaign

Ryanair has denied claims it orchestrated a campaign of bullying and harassment against a firm involved in selling rail tickets for London from kiosks at Dublin airport.

Ticket Generator Ltd, a UK company, this week secured interim injunctions from the High Court restraining the alleged intimidation. Martin Hayden SC, for Ryanair, told Mr Justice Roderick Murphy yesterday the claims were denied but his side needed time to file replying affidavits. The judge adjourned the case to Monday and continued the interim orders until then.

[Colm Moore]

http://www.irishtimes.com/newspaper/finance/2011/1026/1224306503458.htmlCourt to rule on orders against alleged intimidation by Ryanair

A HIGH Court judge will rule next week whether a firm selling London rail tickets from kiosks at Dublin Airport is entitled to orders restraining Ryanair from allegedly intimidating its staff pending the outcome of a full court action.

Pending his decision next week, Mr Justice John MacMenamin has continued interim injunctions restraining the alleged intimidation.

Ryanair has denied the claims made by Ticket Generator Ltd, a UK company, which won a public tender to sell Stansted Express rail tickets as part of a “non-exclusive” contract at terminals one and two in Dublin Airport.

Mel Christle SC, on behalf of TGL, said the alleged behaviour of Ryanair has caused damage to the company and it would lead to the “extinguishment of Ticket Generator’s business in Terminal One”.

He said TGL’s business had started well in Terminal One but Ryanair had interfered with its sale of tickets to such an extent that “sales plummeted” there.

TGL has claimed its business at the airport was close to collapse due to an orchestrated campaign of harassment, bullying and obstruction of its staff by Ryanair and its agents.

The court yesterday heard ticket sales in Terminal One from where Ryanair operates, had fallen from 394 a week to 183 a week while sales had remained constant in Terminal Two. TGL has also alleged that passengers making their way to the kiosk were obstructed and flyers were handed out containing misleading claims about TGL’s ticket prices being more expensive than Ryanair’s.

Mr Christle said the recruitment agency supplying staff to TGL at the airport had stated staff were reluctant to be sent to work at the kiosks in Terminal One. “We have never shied away from legitimate competition,” he added.

Martin Hayden SC, for Ryanair, said the allegations were “completely vague” in relation to staff conduct. Neither Stansted nor the Dublin Airport Authority had raised any issue with Ryanair over the ticket sales, he added.

Ryanair was selling tickets more cheaply than TGL, he said. TGL had also indicated to customers there may not be tickets available on board Ryanair flights, he said.

“Competition is competition. You might not like it but that is what it is.” Mr Hayden said his clients were very clearly saying they had not committed any offence.

[Colm Moore]

http://www.irishtimes.com/newspaper/ireland/2011/1105/1224307105752.htmlInjunction restraining Ryanair refused
MARY CAROLAN

A HIGH Court judge has refused to grant an injunction restraining Ryanair from intimidating agency staff selling rail tickets for London at Dublin airport on behalf of a UK company. The airline has denied the allegation.

Mr Justice John MacMenamin said yesterday such an order (sought pending the outcome of a full court action) was unnecessary because Ticket Generator Ltd (TGL), if it won its case against Ryanair, would have an adequate remedy in damages.

His refusal was conditional on Ryanair’s agreement to give undertakings in the same terms as an interim order previously granted against it, he said.

Ryanair, while denying it has engaged in any unlawful activities, said it would give those undertakings, including not to issue misleading information to passengers relating to tickets sold by TGL at its kiosk at Terminal One in Dublin airport.

The undertakings are to apply pending the outcome of the High Court action against the airline by TGL over alleged obstruction of its ticket sales business at the airport.

TGL had secured interim orders against Ryanair last month restraining it handing out misleading information related to the tickets sold by TGL at its kiosk. The company then sought an interlocutory order against Ryanair restraining it from interfering with or obstructing staff engaged in selling tickets for TGL at the airport.

In his reserved judgment yesterday, Mr Justice MacMenamin was critical of both sides.

He criticised TGL’s failure to provide certain information, including where precisely its kiosk was to be located at the airport. This was a material omission as one of the issues in the case concerned where TGL intended to sell tickets. He noted its licence agreement with Dublin Airport Authority permitting it to sell tickets was not an “exclusive” licence but that solicitors for TGL had incorrectly claimed it held an exclusive franchise.

The judge criticised Ryanair over providing affidavits full of “hype”, “propaganda” and “advertising”. The purpose of affidavits was to outline “evidence”, not to engage in commercial advertising or “a slagging match”.

The judge said the injunction sought now was broader than the interim orders previously granted and he would refuse it on the basis of his finding that TGL, if it won the case, would have an adequate remedy in damages as its losses could be easily quantified. He also refused the injunction because of inadequate information from TGL concerning its financial position and therefore its ability to honour an undertaking for damages.

For the purpose of the injunction application only, Mr Justice MacMenamin was prepared to find TGL had made out a serious issue to be tried as to whether Ryanair had unlawfuly interfered with its contractual and commercial relationship with other parties.

The dispute between TGL and Ryanair on several issues, including about the location of the kiosk and the prices of rail tickets being offered by both sides, could not be resolved at this stage, the judge said.