At Chartright Air Inc. vs. De Paoli, a pilot (the « captain ») was hired by an air operator (the « employer ») to captain a Challenger 601. Despite his extensive experience, the master was not qualified to fly on the 601. So he had to catch up with his Proficiency Check driver. The employer agreed to pay for the master`s training. In return, the master had to work 24 months for the employer at the end of the training. The training was valued at USD 31,265.00. The master passed the examinations and obtained his pilot proficiency control on the 601. At the same time, the employer hired another pilot (the « first officer ») to complete the flight crew. The first officer failed his pilot Proficiency Check. The employer asked the master to assist the second officer in his training.
The master assisted the second officer, but soon realized that the first officer was not ready for the assessment. The captain advised the employer accordingly. Despite the communication, the first officer successfully completed his training on the second attempt. The master and first officer flew and worked together several times at the end of their training. The work environment was difficult. The master complained verbally to the employer`s general manager about the first officer`s unseeding professionalism. The master asked his employer to act; According to him, the ill-treatment of the officer-in-command led to safety problems in their lives and on the aircraft. Frustrated by his first officer and disappointed by his employer`s actions, the captain resigned just five months after he was hired. A job loan is a contract that prevents workers from committing certain acts. The employment obligation is an agreement reached by the company and the employee in all conditions of employment.
We make 2 bonding agreements available to members free of charge in the Employers Toolbox Library section. These can also be purchased separately on our website for non-members. The question in the bar case was whether the master had to pay $US 27,641.51 for his training, knowing that he breached his training obligations as a result of that resignation, after working with the employer for only five months, when the conditions required by the training contract were 24 months. These obligations are quite controversial. In 2005, the Air Line Pilots Association (ALPA) presented the Federal Labour Standards Review Commission with the prohibition or application of specific restrictions on training obligations.