Originally Posted by
Lead Balloon
All CASA has to do is prove is that its disclosure to the employer is subject to qualified privilege. Unless the pilot can show that CASA knew the complaint was false but nonetheless disclosed it to the employer for malicious purposes, my money is on qualified privilege applying. When in doubt, “safety” must prevail over mere bagatelles like reputation, career and natural justice, don’t you know...
Qualified privilege applies to some disclosures precisely because they may turn out to be untrue and defamatory.
I undestand the meaning of the term, and CASA would qualify. However my point is how does the neighbour qualify as someone who can present an accurate interpretation of what happened? Unless the guy confessed something to his neighbour CASA are opening themselves up here if their witness gets discredited in court or is proven to have a beef with the applicant. Qualified Priviledge is out the. window then.
Or put it another way what is stopping someone making up a story about a pilot and going to CASA with it? CASA can investigate but beyond that it's just a case of one persons word against another. Also certain behaviour doesn't necessarily mean you have X condition anyhow.
Will be an interesting court case