Ok here goes. These are the facts.
When we left DXB, we were within the FDP limitations as described in the fom ie. using actual cfp flight times. As the flight continued it looked like we would land with 15 minutes to spare.
Then we were put into a hold. This is the reason we went over the 18 hour limit. In my view it was perfectly legal and within the scope of the fom. Also if we felt tired we had the option to give control to the relief crew who had been on duty for 14 hours. This was discussed on the day and we felt it was not required. Hope that settles that "issue."
As for the fuel "issue." During the hold we were given an expect further clearance time of 25 minutes. We had 35 minutes of hold time. No problem. By the way that does not include the 700 kgs of fuel that the fms keeps in the route reserve. Now at the time we prepared for a diversion to Newark just in case. At this time we easily met the requirements for commit to destination (about ten different runways and the weater was cavok). I have no problem landing with final reserve. We at Emirates and indeed all airlines plan on that possibility for every single flight. As it turned out we landed at JFK with enough fuel for the go around and diversion to Newark. What was stated earlier in a post is simply not true. Even if it was, I have no problem with landing with less than alternate fuel as the requirements for commit to destination were fulfilled. That is that "issue".
Now the big "Issue". Should we as pilots depart DXB knowing we will enter discreation? The answer is, it is up to the commander plain and simple. On that day I felt I could do it without comprimising safety. One of the other pilots decided not to do it and I supported him. If you know who it was then just ask him. Now some might feel that not going into discreation will force the company into rethinking The system. Might work I don't know. As for me I don't have agendas along these lines. On the day I will try to do the flight, but if I feel it is unsafe then the buck stops here (that is what I am payed for).
Now for the Canadians with no back bone "issue". You guys have your opinion and I respect that (I am Canadian after all). But if you think "I" would back down from any issue regarding work then you are simply misstaken.
Ps. I guess my identity is comprimised. Oh well.
Crazy.