Can a company legally do this?

[Flychicka]

Quick hypothetical question for the guys/girls on here that know a lot more details about the legal world than I: can a person get fired if they damage an airplane while following SOP's? Let's say they have been at the company long enough that they are off the probationary period, and it’s the first offence with them. I've heard that if you break SOP's or CAR's that a company has free reign, but what if someone just has bad luck?

[Donald]

I think your question is a little too broad. As un-willing as you probably are, more details would be necessary to give a semi-accurate response.

[Flychicka]

Original post edited for clarification. Question came up in conversation, which led to a bit of a debate. Would the labour board (or whoever looks into such matters) stand up for a person who was fired from a company for any incident, no matter the severity, if there was no gross negligence and no SOP or CAR's deviations?

[prop2jet]

Depending on the circumstances the labour board may or may not be of help. If wrongfully dissmissed, your best option is to see a lawyer.

[wingtip]

A company can fire with or without cause at will. You can hire a lawyer, and you may win your case, but you will only be awarded damages. You won't get rich and in fact, you may lose and be responsible for their costs. From experience, proceed at your own peril...

[talkinghead]

A company can fire with or without cause at will. ...

I am not sure about that. And if they did, IMHO they would not win the court case. Broken SOPs or not.

[Rubberbiscuit]

Worked with someone that had a file the thickness of the Toronto yellowpages that got fired. Went to court with the labourbord involved and came out on top! Coudn't belive it. The company was forced to offer the individual their position back in addition to lost wages and other damages. Needless to say the individual took the money and ran.

[Dust Devil]

Wingtip is right a company can hire and fire whoever they want. People can also sue whoever they want. If you can convince a judge you we're damaged then you may be entitled to a monetary reward. But there are no laws regarding who and for what can be fired

[snaproll20]

A boss can fire you ( terminate) any time they so wish. You would be entitled to severance according to the Labour Code.
A smart employer will pay you two weeks severance, or whatever. Basically, the Labour Board is as useless as tits on a bull. One poster is right, if you have the best lawyer you may win but it is a very expensive and slippery slope, usually with little satisfaction other than being right.
Best bet is to get on with the positive side of your life. Move on.
Good luck.

[Flychicka]

Thanks for the responses guys, for some reason I thought there was more protection for any employee, not just pilots. Good information to know...

[Bede]

Since aviation employment is under federal jurisdiction, you see HRDC not your provincial labour board. Save your money with the lawyer because HRDC will provide legal council free of charge if you have a case. Also, if you get a lawyer, and try to sue, your case will likly be dismissed before it gets to trial since all administrative remedies were not exhausted prior to filing (court is a last resort).

[Doc]

If you did damage an aircraft. Say, you taxied into another aircraft? There is nothing in your SOP's forbidding this, however, you'd need "big brass" ones to stand up, and try and sue? Sometimes it's far cheaper, both in $$, and pride, to put it behind you, and move on.