| Summary |
UNJUSTIFIED DISADVANTAGE - Applicant given verbal warning after conversation about alcohol consumption left crew controller in doubt about applicant's ability to undertake duty - Warning now expired and removed from applicant's file - However applicant considered residual slur on reputation and wanted hearing in pubic forum - Whether warning given for concern outside scope of disciplinary investigation as notified to applicant - Applicant objected to coming in early when on standby and referred to zero alcohol requirement for pilots - Respondent began investigation into refusal and allegation informed controller would not be safe to fly until two hours into shift due to alcohol consumption - Early into disciplinary proceedings, respondent indicated no longer concerned about applicant's fitness for duty on date in question - However, still had concerns, namely believed reference to use of alcohol, even as an example, inappropriate in circumstances - Applicant considered issue outside scope of disciplinary investigation as set out in letter from respondent - While respondent made it clear had other concerns, scope of concerns not clearly stated and discussion appeared to focus of operation of contractual provisions - Applicant had refused to answer questions relating to reference to alcohol on grounds outside scope of inquiry and respondent did not appear to correct misapprehension - Residual concern not clearly put to applicant and not given opportunity to respond to it - Conclusions applicant's behaviour unsatisfactory unfair - Warning unjustified - Remedies - Compensation for loss of benefit of clean" record not warranted - Ability to describe warning as unjustified sufficient - Criticism of "behaviour or judgement" as captain offended professional personal pride in aviation career - Disadvantage suffered was effect on enjoyment of employment and lessened regard of respondent for him - Concerns other staff making defamatory comments already addressed by respondent - Period of disadvantage limited as warning now "expired" - Pilot" |