Originally Posted by
Youmightsaythat
Is this not a criminal act and breach of EU Ops?
If "criminal" or not a court will have to decide. But "sacking" a crew member because she or he does not accept a commanders discretion to extend the flight duty times is a clear violation of EASA rulemaking. First because it is her or his right and duty (!) not to continue a flight beyond duty time limits if fatigued. And secondly because doing so does not constitute a valid reason for an employer to terminate a work contract.
These are the relevant sentences from AMC1 ORO.FTL.205(f) Flight Duty Period (FDP) (my highlights):
(3) The commander shall consult all crew members on their alertness levels before deciding the modifications under subparagraphs 1 and 2.
Which means that if a crewmember does not feel fit to continue working an exteded duty she or he either needs to be replaced (if required to operate the flight) or the flight can not take place.
(6) The operator shall implement a non-punitive process for the use of the discretion described under this provision and shall describe it in the operations manual.
Which means that nobody shall be punished in any way for deciding the way she or he does.
I am not a lawperson and EASA regulations can be difficult to understand at times, but in this case the union should have easy play to get the crewmember reinstated.