Thinking of joining Singapore Airlines?

[sia sniffer]

This came into my hands recently. Even though XXXXXX had paid up his bond before leaving, SIA insisted that he sign the following contract.Very binding, and a typical indication of the malicious behavior of SIA once they have your name on any contract.

Future expat employees beware.

CONFIDENTIAL RELEASE AND SETTLEMENT AGREEMENT


AN AGREEMENT made on the __ day of ___,1998 between SINGAPORE AIRLINES LTD (hereinafter referred to as "SIA"), a company duly constituted and incorporated in
the Republic of Singapore having its registered address at 25 Airline Road, Airline House, Singapore
819829 and XXXXXX (Passport Number BBBBB) (hereinafter referred to as XXXXXXX") of YYYYYYYY.

WHEREAS:

(A) SIA is a commercial air carrier having its placeof business in the Republic of Singapore and elsewhere, and is the employer of XXXXXXX under the following contractual documents (hereinafter referred to as "the Employment Documents"):

(a) A Deed for a Course of Training dated.

(b) Letter of Employment dated.
(c) Agreement for a Course of Conversion Training
(Pilot) dated.

(B)XXXXXXXX has given notice of resignation to SIA on.

(C) SIA and XXXXXXX are in dispute (hereinafter referred to as "the Dispute") over SIA's right(s), arising out of the Employment Documents, to recover from XXXXXXX the costs incurred by SIA in training XXXXXXX to operate and fly SIA's aircraft, and over the payment of XXXXXXXX salary, bonuses and other
forms of remuneration due to him,

(D) XXXXXXXX has represented and warranted to SIA that he has not given, divulged, used or discussed the
terms and conditions of this Agreement and/or its effect to or with anyone, except his legal representatives, his immediate family members, and the sureties referred to in the Employment Documents (who have each in turn agreed to keep such information confidential), and SIA has been materially induced by the said representatives and/or warranty of XXXXXX in respect of XXXXXXX willingness to keep this
Agreement confidential,

(E) Both SIA and XXXXXXX have represented to each other their desire to settle or compromises the Dispute, AND IN CONSIDERATION OF the sum of Singapore Dollars ZZZZZZ ($) hereinafter referred to as the settlement Sum which XXXXXX has agreed to pay to SIA in the
manner set out below, the mutual release by SIA and XXXXXX of any claim which may have in respect of the said dispute, and the other covenants and representations contained in or evidenced by this
Agreement.

NOW IT IS HEREBY AGREED by way of settlement or compromise of the Dispute that:

1. INCORPORATION OF RECITALS

Each of the recitals herein is relied upon by SIA and XXXXXX.

2. OBLIGATION OF XXXXXX

2.1 Release by XXXXXX

Save for any claim arising out of the obligations of SIA arising out of this Agreement, XXXXXX shall immediately release any claim which he has or may at
any time have against SIA and/or its subsidiaries, affiliates, successors, predecessors, assigns, officers, directors, employees, agents and attorneys.

2.2 Payment

2.2.1 XXXXXX shall pay to SIA the Settlement Sum in the following manner:

On or before the date hereof, XXXXXX shall issue to SIA a cashier order for the amount of S$.

2.2.2 The above payment is arrived at after takinginto consideration the sum of S$ being salary and allowances currently withheld by SIA and S$ (training
fees paid) giving a total sum of S$ which shall be deducted from the settlement Sum

2.3 Entry of judgement

2.3.1 As security for the performance by XXXXXX of his obligations under this Agreement, SIA shall be entitled at any time, whether or not the terms and
conditions of this Agreement have been or are being duly performed by XXXXXX, to commence legal proceedings against XXXXXX in the jurisdiction and/or forum of its choosing for the purpose of obtaining
judgement against XXXXXX for the Settlement Sum,interest and legal costs.

2.3.2 In the event that SIA commences legal
proceedings in the manner stated in Paragraph 2.3.1
above, XXXXXX shall consent to judgement on SIA's claim(s) and assist SIA in any manner necessary to obtain judgement, and/or shall not oppose or otherwise contest any such legal proceedings.

2.4 Confidentiality

2.4.1 The terms and conditions of this Agreement and/or its effect are confidential.

2.4.2 XXXZXXX shall not at any time whether before or after the termination of this Agreement give, divulge,
use or discuss the terms and conditions this Agreement and/or its effect to or with anyone, except his legal representatives, his immediate family members
\
2.4.3 XXXZXXX shall ensure that his legal
representatives and his immediate family members keep the terms and conditions of this Agreement confidential.

2.4.4In the event that XXXXXX becomes aware of anyattempt by any other natural or corporate person to learn the terms of this Agreement through legal process or otherwise, XXXXXX shall immediately notify
SIA of such attempt and co-operate and assist SIA in such manner as SIA may direct.

2.4.5Without prejudice to the foregoing, it shall bebreach of this Agreement for XXXXXX to initiate any discussions about the terms and conditions of this Agreement, or to in any way refer to this Agreement in
any communications with any natural or corporate persons other than to indicate that SIA and XXXXXX have settled or compromised the Dispute amicably.

2.4.6 In the event of that XXXXXX breaches any of his obligations in respect of the confidentiality of this Agreement, SIA shall be entitled to commence legal proceedings in any jurisdiction or forum of its choice
to claim an injunction restraining XXXXXX and/or other persons from further breach of confidentiality, and/or damages, and/or other relief as may be necessary.


3 OBLIGATIONS OF SIA

3.1 Release by SIA

Provided always that XXXXXX's obligations arising out of or connected with this Agreement are fully performed and provided always that all sums due and
owing by XXXXXX to SIA are paid in accordance with the terms of the Agreement, SIA shall release any claim which SIA has or may at any time have against XXXXXX
arising out of the Dispute.

3.2 Execution upon Judgement

SIA agrees that it will not execute upon any judgement obtained under Paragraph 2.3 of this Agreement except pursuant to Paragraph 5.1.1 below.

4 DEFAULT

The occurrence of either of the following shall constitute an event of default and/or a breach of this
Agreement and shall entitle SIA to proceed in the manner set out in paragraph 5 hereof:

4.1 Failure to Perform

Failure to perform any of the obligations set forth in this Agreement.

4.2 Prohibited Actions

The doing of any act or acts prohibited by this Agreement.

5 REMEDIES

5.1 XXXXXX default

5.1.1 Execution upon judgement

Upon the occurrence of any event of default orbreach of this Agreement committed by XXXXXX, which is not cured by XXXXXX within the time, if any, indicated
by SIA in SIA's notice of default SIA shall be immediately entitled to execute any judgement obtained under Paragraph 2.3 of this Agreement forthwith.

5.1.2 Right of Action:
Other Remedies
Where no judgement has yet been obtained by SIA under Paragraph 2.3 of this Agreement, upon the occurrence of any event of default or breach of this Agreement committed by XXXXXX, all sums under this Agreement shall become immediately due and owing and
SIA shall be entitled to commence legal proceedings against XXXXXX to enforce all or any of its rights and remedies arising out of or in any way connected with this Agreement or otherwise.

5.1.3 Indemnity for legal costs

XXXXXX shall unconditionally and fully indemnify SIA against all legal cost and disbursements, interest on costs and/or other sums incurred at any time by SIA
(including costs on a full indemnity basis) in connection with the institution of proceedings pursuant to Paragraph 2.3 above and/or enforcement of payment of the Settlement Sum to SIA, with or without legal proceedings.

6 MISCELLANEOUS

6.1 Entire Agreement

This Agreement embodies the entire understanding of the parties in respect of the matters contained of referred to in it and there are no representations,
promises, terms, conditions or obligations, oral or written, express or implied other than those contained in this Agreement.

6.2 Governing Law, Jurisdiction and Venue

6.2.1 This Agreement shall be governed by the law of the Republic of Singapore.

6.2.2 XXXXXX consents and submits to the jurisdiction of the courts in which legal proceedings are commenced by SIA and waives all claims to such jurisdiction being an inconvenient forum.

6.2.3 XXXXXX expressly consents to service of any documents in any legal process arising out of or connected with this Agreement by sending such documents by either regular, certified or registered
mail at the address stated in Paragraph 6.4 below, and any documents so served shall be deemed to have the full force and effect of personal service on XXXXXX upon the expiry of 3 days after the date the document(s) to be served are place in the mail.

6.3 Survival

The provisions of this Agreement which require or are capable of imposing any liabilities after completion of the obligations of this Agreement shall survive and continue in force notwithstanding completion and any corresponding right conferred on either party shall be enforceable after completion. The termination of the
Agreement shall not prejudice the rights and remedies
of either party against the other in respect of any prior breach of covenant or condition.

6.4 Notices

6.4.1 Any notices given under this Agreement shall be writing and may be served:

a. Personally,
b. By registered or recorded delivery mail,
c. By telex or facsimile transmission, followed in the case of facsimile transmission by registered or
recorded delivery mail, or

6.4.2 Each party's address for the service of notice
shall be as follows:
XXXXXX: QQQQ,




SINGAPORE AIRLINES LTD:
720 UpperChangi Road East
Singapore 486852
SIA Training Centre
Flight Operations Division (04-C)

6.4.4 A notice shall be deemed to have been served:

a. If it was served in person, at the time of service,

b. If it was served by post, three (3) days after it was posted, and

c.If it was served by telex or facsimile
transmission, at that time of transmission.

6.5 Severance

6.5.1Each of the term and conditions in this
Agreement are separate terms and conditions for the separate benefit of each of the parties and shall be severable one from another.

6.5.2In the event that any of the terms and
conditions in this Agreement are determined by any court of competent jurisdiction to be void and/or voidable and/or of no legal effect, it is hereby agreed that the remainder of this Agreement be binding
and effective as if a separate and independent agreement was executed upon the same remaining terms and conditions and/or the validity, legality and enforceability of the remaining provisions shall not
in any way be thereby or otherwise affected or impaired.

6.6 Amendments or modification in Writing

No variation or amendment of this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.


6.7 Agreement to Co-operate

The Parties shall co-operate fully with each other in the performance of this Agreement, including without
limitation executing such additional documents as is reasonably necessary to implement the full performance of this Agreement.

6.8 Construction

6.8.1 In the event of any inconsistencies between the terms of this Agreement and the terms of any other agreement, the terms of this Agreement shall prevail.

6.8.2 The parties acknowledge that they were, at all times prior to the execution of this Agreement, at liberty to consult with their respective legal advisors and with such other experts or advisors as they have deemed necessary in connection with the
negotiation and execution of this Agreement.

6.8.3 The headings used in this Agreement are inserted for convenience only and shall not affect the construction and interpretation of this Agreement.


Name: ) ______________________
Designation: ) (Signature)

for and on behalf of
SINGAPORE AIRLINES LIMITED

in the presence of


Name: ) _______________________
Designation: ) (Signature)

Name:XXXXXX ) ________________________
(Signature)

in the presence of


Name: ) _______________________
Designation: ) (Signature)


Sniffer says:
Phew, thats it, and this was just for this guy (and many others) to leave the airline. Sad old SIA.

[addinfurnightem]

You are the sad one here Sniffer. Obviously you have never seen the kind of contract release terms used in big business where an employee may go off, join the competition and then, for example take all his clients with him or, in the case of an airline, bad mouth them all over the world in the hope of hurting them commercially by taking advantage of a gullible travelling public and an unscrupulous gutter press.
The contract you have published is very little different from ones used in, for example, the insurance industry, the computer industry, or indeed any commercially sensitive industry.

And for the benefit of those that don't know, many of the F/O's who have resigned from SIA have done so properly and been able to negotiate their bond re-payment down to a lower figure than originally asked, in return for this SIA asks them to sign a 'no mud-slinging' agreement. Standard international practice I believe?

[This message has been edited by addinfurnightem (edited 22 November 2000).]

[Gladiator]

addinfur can you please explain about the one(s) that finished their bonds, gave proper notice, and still got shafted by SIA.

[addinfurnightem]

You'll have to tell me Gladiator. I have spoken to several of the lads who went off to Emirates, Virgin, Easyjet,Airtours, GO and BA and they were all happy to have done a deal and been on their way, they certainly did't think they had been shafted.

[titan]

addinfurnightem:
"many of the F/O's who have resigned from SIA have done so properly and been able to negotiate their bond re-payment down to a lower figure than originally asked"
Make me laugh!! SIA have NEVER taken a pilot to trial because they know they would lose. That is why SIA renogiated the payment down. None of the 40 pilots have been "happy" about it. It was a case of fear of the unknown.

"they certainly did't think they had been shafted"
What a load of cr*p!

"The contract you have published is very little different from ones used in, for example, the insurance industry, the computer industry, or indeed any commercially sensitive industry"
Pray tell, what business back ground do you have to make statements like this?

The above non-disclosure contract is not enforcable as it is riddled with illegality. Maybe a book on the Law of Contract may open your eyes.

[addinfurnightem]

Well Titan, you certainly know how to make a complete fool of yourself, I grant you that.
I have nothing to gain by falsifying what these F/O's said to me before they left. They are out there and reading this but, possibly out of a misguided loyalty to you, the "hard done by F/O" (ho bloody ho)as oppose to me, the "fat cat" expat. Capt. they will remain silent. (Unlike your good friend SKELTOR I will not lower myself to printing peoples name here).
As far as my big business pedigree is concerned, although it is none of your bloody business, during a period of retrenchment I spent three years working with the biggest insurance broker in the world in the London market, working on the heavy end of aviation insurance. Insurance is very closely linked to the legal profession and from these people I learned, additionally I have kept up all my contacts over the years and stay abreast of what is happening. My son, who is probably older than you, is rather senior in a very, very large computer organisation - I talk to him too.
Enough of your abusive vitriol Titan, take it where it belongs, definitely don't like it if you see things drifting away from what you thought was a great anti SQ ploy do you?

And when it comes to the very complicated Law of Contract you should, (but obviously don't) know that a contract is a binding document in its country of origin and that any "agreements" signed in Singapore are subject to Singapore law, whether you like it or not. If SQ choose to chase a bond breaker in, say Australia, then it will be for the Australian courts to decide on the fairness or otherwise of the contract.
Oh, and one other thing, haven't at least two cases been settled out of court when it was explained to the bond breaker that his pockets simply were not deep enough to cope with the inevitable appeals, should the decision have gone against SQ in the lower, (and usually more sympathetic), labour court?

Your turn now Gladiator, you two seem to be working as a synchronised pair these days.

[nice_beaver]

As one of those whose opinion appears to be being represented by both of you I think i can safely say that we all feel shafted to some degree or other.
Most of us enjoyed the majority of our time in SQ and the opportunities we were given but SQ has no heart. We went through some fairly testing times in the early training days, but stuck it out, coming out the other end as very proficient and professional co-pilots on a variety of fleets.
The fact remains that to bond some-one financially over a period of time that they cannot hope to know where life will take them is going to cause problems.
Absolutely no account is taken by SQ over this change of circumstances or the years of unblemished service they have recieved when discussing settlements with those who leave.
You may indeed be correct in what you both say but are indeed at either end of a large spectrum, and i hazard a guess that, like myself, most will be closer to Titan (not because of an allegiance to a fellow FO ) but more because of the treatment they have recieved from their previous employer.

[Gladiator]

addinfur you are mistaken. May be you did not talk to all the F/O (s) that left SIA.

Look at this post from June 15, 2000 with the title,

'SIA have no shame, no shread of decensy'.

A former SIA first officer sent me an e-mail asking for some direction.
He is not like Gladiator or Titan, an as* h*l* per the standard of SIA supporters on PPRuNe.

He actually finished his contract. So why ask me for direction?

SIA screwed him on his final pay when he resigned. Now he is contemplating taking legal action against SIA. Same predicament if he had not finished his contract.

That really hurts. SIA has no shame. End

Now addinfur I cannot give you his name, but trust me every single ex SIA F/O knows about it. If you are as smart as you say you are, you will find out who he is.

As for the other stuff, Singapore Airlines vs. Gladiator explains my position with one exception (see my next post), the rest is beating a dead horse.

P.S. Nobody likes Whistleblowers.

[Gladiator]

Regarding the original post of this thread, paragraph 2.2.2 does not meet the provisions of Singapore employment laws.

Therefore paragraph 2.2.2 contradicts paragraph 6.2.1

2.2.2 The above payment is arrived at after taking into consideration the sum of S$ being salary and allowances currently withheld by SIA and S$ (training
fees paid) giving a total sum of S$ which shall be deducted from the settlement Sum.

6.2.1 This Agreement shall be governed by the law of the Republic of Singapore.

[titan]

addinfurnightem:
Somehow I don't see an old out of work pilot who spent three years working in an insurance company rising too far up the ladder, particularly in the legal department. Does the "heavy end" mean that you emptied the rubbish bins? :]

You have everything to gain! - your pride and your longing for the respect/importance you once had. You are retired from airline flying aren't you?
The standard SIA Captain question was "so how do you like SIA?" .... and every FO said "oh Captain, it is just great". Why? because the "informer" psyche of SIA would have your unhealthy attitude before the CP and put on your file before your flight ended. There were many expat sycophants, and so very few FOs ever opened their lunch box to discuss their sh*t sandwich. Many of these expats were also hell bent on notb causing waves, being in desperate need to acquire every last retirement $ they could.

Your understanding of Contact Law is concerningly deficient.A contract is only binding if it is legal. That means that it must not have clauses that contradict the Law of Contract, or go against public policy, nor over-ride the laws of the land of jurisdiction. As your language indicates you are Australian, may I point your nose at the following case which is right up your alley:
Akai v Peoples Insurance of Singapore
In this High Court Appeal it was determined that the Law of Singapore does not apply in Australia (as per rulings taken from the British Courts).

Well, there you state it yourself "when it was explained to the bond breaker that his pockets simply were not deep enough". Now that is Justice for you! I can now clearly see YOUR point that all the FOs leaving SIA were happy with the situation!!!!!!

A little knowledge is very dangerous. Good luck


PS addinfurnightem, maybe Nostalgia just isn't what it use to be :]

Links removed because they trash our pages due to their ridiculous length - e-mail Titan if you want them - PPRuNe Towers

[This message has been edited by PPRuNe Towers (edited 27 November 2000).]

[This message has been edited by PPRuNe Towers (edited 27 November 2000).]

[addinfurnightem]

Titan, you are so right, "a little learning, (the correct quotation), is a dangerous thing".

Whatever you do don't give up the Day Job, your attempts at fortune telling are abysmal!

Not retired, not Australian, said I worked in Insurance, not that I ran it (and it paid the mortgage until flying jobs became available again).
LHS B747-400 satisfies my ambitions entirely, however lowly that may be.
I didn't make my point re contracts very well, but I never intended to imply that Singapore law would automatically apply in Australia either, only if a court thinks there is a fair case to answer.
Gladiator - correct, I didn't speak to them all. No, not clever at all, just been around a bit.

[Gladiator]

One other thing addinfur, in the case of Steve Ahlmark vs. Singapore Airlines, even a Singaporean court considered SIA contracts to be one sided and unfair.

Standby for paragraphs from Steve Ahlmark vs. Singapore Airlines.

[Whiskery]

Habibi, you don't need a Singapore court to tell you that SIA's contracts are one sided and unfair. They have never been anything else.

Best thing to do is DON'T SIGN !

[titan]

addinfurnightem:
"LHS B747-400 satisfies my ambitions entirely, however lowly that may be"

well that must make you automatically right then!! My hero.

[addinfurnightem]

New to sarcasm then, are we, Titan?

[Kaptin M]

Yes titan, he has achieved a position that you once aspired to, but showed that you were unable to 'cut the mustard' [or in your case, the chili].

It's true, not ALL who aim at the lhs of an airline aircraft will make it, for one reason or another.

You, titan, are one of those who didn't/couldn't

[albatrossuk]

heard yesterday that 5 out of the last 6 f/o's on command course in SIA didnt make the grade...!!!what is the reason for such a high failure rate ?what are they failing at?
general handling or procedures or lack of good decision making ability.perhaps their f/o careers are not preparing them adequatly.

[sia sniffer]

It takes between 9-12 months for SIA to train a Senior First Officer to the rank of Commander. Wether its the A310 or 747-400, command descisions should have been learnt during a guys service.

Local F/Os spend alot of time preparing perfect paper work. Mistakes are not crossed out, they are carefully corrected with roller correction tape. And these are the individuals who excel in their command training...flying skills...why need, auto-pilot lah.!

[SADness]

well, we need the auto-pilot lah, cos if not, when the capt asks for 'go-around, flaps 20', and the F/O puts the gear up instead, and then goes on to fumble a whole host of other things like checklists and basically just freeze, he will be too busy flying to check. only then can the F/O get f***ed big time. and so, when the capt gets called in a couple of months later by management to be told that a pax complained about a messy go-around, horns blasting from the flight deck (GPWS with full flaps and no gear). only for the capt to find out later after some investigating, that there weren't any pax in first and business, and that it was actually the F/O who put in a dud complaint cos he wasn't happy that he got mashed for the severe fumble, he will have enough awareness with the auto-pilot on, to figure out the whole situation.

doesn't that sound familiar sia sniffer??

love.....

[titan]

Ever notice how every Singaporean passenger seems to take it on themselves to be an SIA quality control/line check agent.
Even sadder is how the company takes these complaints as gospel.

Maybe they could organise to have the crew visit the passenger's home to kowtow and ask forgiveness.

[nice_beaver]

Hey SADness, be careful what old wounds you open up as things can get nasty over time. If memory serves me right the effoh on the particular incident you seem to be refering to is unlikely to have been quite so appalling as shortly afterwards he became one of the first on the brand new 777 fleet and was made a training effoh by the high command. Even SIA wouldn't promote such a poor performing example of their training programme........or maybe you think they would?

[SADness]

beaver, fair enuff, skill wise anyway. but honesty and integrity? nah!! anyway, too long a story i guess. mistake? yeah, everyone makes them! no matter how invincible u think u are, and perhaps this was one. ;)

[PILLOW]

Titan

You said ' Sia has never taken any pilot to court because they know they will lose '

Then why did you and gladiators settle out of court ? You ended up paying lots of dollars to SIA and lots of dollars to your lawyer.

If you had gone to court and win , SIA will have to pay all your expenses and legal fees as well .

[titan]

Dear young PILLOW:
I understand that you are a new-chum to this forum so I will grace you with a reply until you find your way.
I have never settled with SIA, never will and SIA won't find a penny at the end of any rainbow. They pursue me because of the small minded vindictive personality trait of the nation. One day they will wake up and realise that Gladiator and I revel in the fight. Gladiator gave them a great slapping in the face by way of his own legal efforts as well as those of the FAA and NTSB that he mustered. Word on the street is that both SIA and CAAS have now knowlingly lied to the Australian government and CASA.
I must go now and prepare for battle......

[Kaptin M]

....and strides off, into the sunset, tube of KY in hand!

[Gladiator]

You mean a tube of LKY.

[titan]

now THAT is funny :]


an accident waiting to happen ............ "Kapton M"

[This message has been edited by titan (edited 02 December 2000).]