So before everyone and their bar room lawyers get a bit too overheated maybe we should take a look at the requirements of Part IVA of the Civil Aviation (Carriers’ Liability) Act 1959 (Act).
It is fact that it has been tested by pilots and companies with FWA & the AFAP in relation to so called age discrimination, and to be honest it never ends up good for the pilots. The provisions of the act override the Human Rights Commission laws.
It's up to you as an employer to pay for insurance that covers your needs. You can't pick and choose employees to suit your insurance.
Sorry champ but that too does not stand up in court, there is no law as to insurance coverage other than the value and the fact it needs to be carried.
It has nothing to do with the organization, and everything to do with the level of risk the underwriter and insurer are prepared to carry.
The level of risk they carry, then dictates the minimums, time on type, etc that the company has to stick by even before someone comes up with a premium. I have seen it in several companies and I agree it is the **** end of the stick where a very capable pilot gets passed over because he does not meet the requirements of an invisible line in the sand for another seat warmer of much lesser capability.
I have been and still am an AFAP member my whole career and prior to that I was even a TWU member (remember the days of no ticket, no start at the airport) each and every time the union has become involved in this kind of action it ends in tears, and the pilot walks away bitching and moaning and the AFAP spend more of our member fees on no win situations.
I dont mean to single out the AFAP, it also applies to AIPA, VIPA and the previously unmentionable PA.