Shortly:
If you can’t fly an airplane then you should be terminated. If you are unfairly dismissed because someone in the company says so and you get an outside expert opinion stating the opposite, then you have legal recourse. As the case above.
If you are unfairly dismissed, then you have legal recourse.
If you drop hot coffee on your nuts, your just stupid. Same thing if you eat McDonalds and wonder why you are fat.
The real reason this will never see the inside of a courtroom. Cathay is getting pressure from other businesses in Hong Kong not to let this go to trial. If those nasty pilots win, it will set a precedent in Hong Kong law and then the rest of us cannot do this:
PCCW sacks hundreds
From South China Morning Post, 7 December 2001
Troubled hitech company, Pacific Century CyberWorks, sacked 506 workers on 5 December, while announcing a pay freeze for the remaining 14,000 staff, and stopping recruitment of new staff.
The redundancies are the second this year - 290 workers were sacked in July.
PCCW refused to rule out future sackings.
The company union said that workers made redundant were selected unilaterally by management, and no rationale accompanied the choice of sacked workers, other than to claim that PCCW will maintain quality of service – a point some union members dispute.
The union is collecting information before officially approaching management, but not to reinstate the workers, merely to improve the redundancy package for the 506.
Cathay will sack more pilots in the future when that want something. Why, if this offer goes through, because it works!
Yours, mine and the 44ers future are at stake here. You probably don't care because you don't have much time to go before your 60 and off the freighter. Unless your NR of course.