I apologise is this is too much going over old ground. But as I see it:
1. The regulator is writing to employers of properly licensed (and previously deemed to be safe) pilots asking them to reconsider the appropriateness of these pilots employment.
2. The companies require a good relationship with the regulator. Many of these companies will rely on exceptions from CASA regulations for financial viability. There is a large power imbalance between the regulator and the employers. This is the very definition of bullying.
3. There will almost certainly be some cases where it is clear who the pilot is (ie small employers), thus identifying the pilot. In this case, CASA is effectively releasing confidential medical information about an individual without consent or authority.
4. CASA is the safety regulator. They alone have the power to issue licences based on competence level and fitness for duty. It is in no way the role of the AOC holder to "second guess" CASA. What CASA is saying is that there are pilots who they have duly licensed as being safe and who are properly qualified for a role that they now wish the employer to terminate. They are asking the employer to take on the role of licence issuer from CASA. This is completely inappropriate.
5. If an AOC holder succumbs to the pressure (Bullying) from CASA and terminates the pilot, they will certainly be leaving them selves open for legal action against them by the pilot for unfair dismissal. And potential a punitive penalty that takes into account the pilots (now) diminished earning capacity. Especially if the pilot has been given satisfactory work performance reviews by the employer and has satisfactorily passed flight reviews with CASA appointed ATO's. So, the employer has the threat of retaliation by CASA on one hand and legal action by the pilot on the other.
6. If there is any threat of anything negative at all happening to the employer by CASA (which I think it would be easy to argue is the case) then I would expect that CASA are in breach of the third line forcing provisions of the Trade Practices Act.
This is a very clumsy, bumbling, bullying, amateur, punitive, incompetent, reaction by CASA to being embarrassed by the Senate over its own double standards and selective interpretation of its own rules that show favouritism toward some pilots and some AOC holders.
I hope the Senate shows it has balls and smacks CASA hard. I encourage any pilot who so much as feels disadvantaged to take legal advice.