This cannot be appealed surely??

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prospector
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This cannot be appealed surely??

#1 Post by prospector » Mon May 11, 2020 12:56 am

https://www.msn.com/en-nz/news/world/pi ... spartandhp

Aviation blog One Mile at a Time claims the pilot "spent the past six years completing a two year training course and still hasn't passed any of the tests necessary to become a pilot".

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TheGreenGoblin
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Re: This cannot be appealed surely??

#2 Post by TheGreenGoblin » Mon May 11, 2020 1:22 am

Surely (don't call me Surely) the airline would have set the minimum performance criteria for completing the relevant course (i.e. 2 years) and should have canned the trainee at the end of that period? Her continued "employment" implies negligence" on the part of the airline.

This clause is contentious...
The employee is then reminded that even after dismissal, they remain subject to certain obligations under the company's rules and regulations and any breach of these could result in further disciplinary action.
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Alisoncc
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Re: This cannot be appealed surely??

#3 Post by Alisoncc » Mon May 11, 2020 1:34 am

TheGreenGoblin wrote:
Mon May 11, 2020 1:22 am
This clause is contentious...
The employee is then reminded that even after dismissal, they remain subject to certain obligations under the company's rules and regulations and any breach of these could result in further disciplinary action.
Don't see why. Back in the day if I signed a maintenance log for work carried out, subsequently resigning from the company. I would be liable in perpetuity for that which I signed. Whether to the company or the CAA.
Rev Mother Bene Gesserit.

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Re: This cannot be appealed surely??

#4 Post by TheGreenGoblin » Mon May 11, 2020 1:48 am

Alisoncc wrote:
Mon May 11, 2020 1:34 am
TheGreenGoblin wrote:
Mon May 11, 2020 1:22 am
This clause is contentious...
The employee is then reminded that even after dismissal, they remain subject to certain obligations under the company's rules and regulations and any breach of these could result in further disciplinary action.
Don't see why. Back in the day if I signed a maintenance log for work carried out, subsequently resigning from the company. I would be liable in perpetuity for that which I signed. Whether to the company or the CAA.
Sure, but your liability after resignation was not as a current employee and the company would not have been able to "discipline" you on that basis. Any liability you may or may not have had would have been in terms of existing legislation and the code of your specific profession, outside the context of the specific contract of employment that had been terminated due to resignation, although the original contract would have been deemed germane to any arguments heard in proceedings after your resignation.

In the case above, i.e. the contract of employment noted in the case of this inept student, it may have been deemed to have incurred an obligation to repay a loan. All in the wording and I am playing devil's advocate here. :)

A good sea lawyer might be able to argue that her obligation to pay should be limited to less than the 2 years training. All this talk of 6 years etc. seems to be scuttlebutt, and may or may not be true.

Given that contract might have been construed under local law, who knows what might pertain? I have little faith in the Koran and even less in Arab justice...
Though you remain
Convinced
"To be alive
You must have somewhere
To go
Your destination remains
Elusive."

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