Suspension for refusing to go into discretion.............................the CAA will be pleased about that one
Flaps and Sheikh - unfortunately the CAA may not be as 'helpful' as you expect, depending on circumstance. It is, no doubt, probably over-simplifying the issue here, but a captain cannot 'refuse' to operate into discretion. Having taken ALL the circumstances and condition of the crew into account, he may consider it unsafe to exercise his discretionary powers, but a straightforward 'refusal' WILL lead to tears
. No member of crew can simply 'refuse' to extend duty - they would have to be 'unfit' to operate safely, and that is the captain's call. This also applies to operations INSIDE FDP. This is why 'discretion' after reduced rest is NOT a good idea. Any company is entitled to a REASONABLE expectation that a properly rested crew will be able to extend. When I have 'been there' I have always made it clear to my crew that they are expected to extend UNLESS THEY ARE UNFIT TO DO SO - and that is obviously something any company will want to examine later.
How the CAA see it will depend on the circumstances. In my former experience there was a 'story' about a CP who sent a telex to an outstation ordering the captain to extend. That they SHOULD leap onto!
Good luck to the captain. Suggest he reads this?