I have made multiple attempts to resolve my dispute with CASA. I am fully satisfied that CASA have no intention to resolve this matter in a cost-effective or well intentioned manner. They have access to an unlimited pool of taxpayer funds. Already I suggest they have allocated many hundreds of man hours and many hundreds of thousands of dollars to this "project". Therefore I have commenced the first of three legal actions against CASA to hold them accountable. The first matter deals only with the direction by Mr Jason McHeyzer that my continuing employment was untenable based on comments that I was making publicly. The correspondence is attached. I am advised that i have a strong case on each of my matters.
Without prejudice save as to costs
Mr Jason McHeyzer
Region Manager, Southern Region
Civil Aviation Safety Authority
GPO Box 2005
CANBERRA ACT 2601
Mr Jonathan Hanton
Industry Complaints Commissioner
Civil Aviation Safety Authority
GPO Box 2005
CANBERRA ACT 2601
By email:
[email protected]
[email protected]
20 May 2020
Dear Mr McHeyzer and Mr Hanton,
Mr Glen Buckley
We act on behalf of Mr Glen Buckley.
This is a Concerns Notice within the meaning of Division 1 of Part 3 of the
Defamation Act 2005 (Vic) and corresponding provisions in the other States and Territories of Australia.
We are instructed that on or about 27 August 2019, you sent an email to Mr Naser Qushair, Chief Executive Officer of the Australian Pilot Training Alliance. The email contained the following words:
“I understand that Mr Buckley remains as APTA deputy HOO. This is no longer tenable with the comments that Mr Buckley is making publicly. Please confirm APTA’s intentions in relation to Mr Buckley as deputy HOO and whether Mr Buckley is authorised to speak on behalf of APTA.”
A copy of the email is annexed to this Concerns Notice.
The email is grossly defamatory of our client. It contains imputations that Mr Buckley:
1. Is not a fit and proper person to remain as Deputy Head of Operations of the Australian Pilot Training Alliance;
2. Should be dismissed as the Deputy Head of Operations of the Australian Pilot Training Alliance by reason of public comments that he has made.
Each of those imputations is false and grossly defamatory of our client. Mr Buckley was dismissed from his position with APTA as a result of this email. He has not been able to find employment in the aviation industry since his dismissal.
As a consequence of the publication of the email, our client has suffered hurt and distress, damage to his reputation and special damages by reason of the termination of his employment.
Our client requires you within 28 days to:
1. Provide a written apology and retraction to the Mr Buckley for the imputations conveyed by the email.
2. Agree for an independent person agreed by you and Mr Buckley to determine the damages suffered by Mr Buckley to his reputation and special damages for the loss of his employment;
3. Agree to pay to Mr Buckley the amounts determined by the independent person within 7 days of the determination;
4. Pay Mr Buckley’s reasonable legal costs to be agreed or if not agreed to be taxed.
Our client reserves all his rights.
If you wish to discuss the contents of this letter, please contact Mr Alan J. McDonald on (03) 9650 4555.
Yours sincerely,
McDonald Murholme
Per: Alan J McDonald