Glen Buckley and Australian small business -V- CASA
The “4 people” were most probably acting on legal advice. What you might want to know is who provided the advice and who briefed her to prepare it.
Wow, just wow!
I am not a lawyer but....I wonder if this applies?
Glen was told he was doing the right thing with his part xxxx work by CASA and that he was successfully operating to regulation (the promise) then all of a sudden, everything was now wrong!
However, this is American law and we may have no equivalent.
https://www.investopedia.com/terms/p...y_estoppel.asp
I am not a lawyer but....I wonder if this applies?
Glen was told he was doing the right thing with his part xxxx work by CASA and that he was successfully operating to regulation (the promise) then all of a sudden, everything was now wrong!
However, this is American law and we may have no equivalent.
Breaking Down Promissory Estoppel
Promissory estoppel serves to enable an injured party to recover on a promise. There are common legally-required elements for a person to make a claim for promissory estoppel: a promisor, a promisee, and a detriment that the promisee has suffered. An additional requirement is that the person making the claim - the promisee - must have reasonably relied on the promise — in other words, the promise was one that a reasonable person would ordinarily rely on.
Another requirement further qualifies the required detriment component; the promisee must have suffered an actual substantial detriment in the form of an economic loss that results from the promisor failing to deliver on his or her promise. Finally, promissory estoppel is usually only granted if a court determines that enforcing the promise is essentially the only means by which an injustice to the promisee can be rectified.
Promissory estoppel serves to enable an injured party to recover on a promise. There are common legally-required elements for a person to make a claim for promissory estoppel: a promisor, a promisee, and a detriment that the promisee has suffered. An additional requirement is that the person making the claim - the promisee - must have reasonably relied on the promise — in other words, the promise was one that a reasonable person would ordinarily rely on.
Another requirement further qualifies the required detriment component; the promisee must have suffered an actual substantial detriment in the form of an economic loss that results from the promisor failing to deliver on his or her promise. Finally, promissory estoppel is usually only granted if a court determines that enforcing the promise is essentially the only means by which an injustice to the promisee can be rectified.
Wow, just wow!
I am not a lawyer but....I wonder if this applies?
Glen was told he was doing the right thing with his part xxxx work by CASA and that he was successfully operating to regulation (the promise) then all of a sudden, everything was now wrong!
However, this is American law and we may have no equivalent.
https://www.investopedia.com/terms/p...y_estoppel.asp
I am not a lawyer but....I wonder if this applies?
Glen was told he was doing the right thing with his part xxxx work by CASA and that he was successfully operating to regulation (the promise) then all of a sudden, everything was now wrong!
However, this is American law and we may have no equivalent.
https://www.investopedia.com/terms/p...y_estoppel.asp
https://www.owenhodge.com.au/blog/pr...el-what-is-it/
Thread Starter
Its like going to my own funeral
I was driving with my Dad yesterday, and he was checking how I was going.
I said, "Its pretty good, I might be the first person in the world, to go to their own funeral".
He was driving, and the car swerved slightly. He doesn't come on Prune, so its safe to say initially I didn't know if it was his "elderly" driving, but quickly noticed the concern on his face.
In the interests of road safety I quickly explained myself.
"Every other pricks dead at their funeral. I get to see all the comments of 25 years in aviation while im still alive. Its great!!!"
By the time we got to the café, I could confirm it was in fact, his elderly driving.
My family have cleared the decks for me this weekend, but I will devote this weekend to getting back to everyone, and thanks for all the support. On old industry stalwart came up to me today. Concerned about me "taking on CASA". He had tried before, and many had before him.
The difference. Poor governance can now be held to account via social networking. Those around me know how much I dislike it. But, like many of the younger people today. Im certainly receiving a groundswell of support that wouldn't be available before all that came in. Anyway I will be on here a bit over the weekend.
Thanks again for all thev support. This time. Its really gonna happen, I believe.
You would not believe how many calls I get from people whose lives have been destroyed in a manner similar to mine. Today, a gentleman living in a caravan park with his wife. Elderly, and not by choice. (Editing for clarity. I was referring to the living in the caravan park. Im sure he is married by choice,)
This must lead to a Royal Commission, Judicial Inquiry, or Special Ministerial Inquiry. We are an ICAO contracting state. Not a Banana Republic!!!
I said, "Its pretty good, I might be the first person in the world, to go to their own funeral".
He was driving, and the car swerved slightly. He doesn't come on Prune, so its safe to say initially I didn't know if it was his "elderly" driving, but quickly noticed the concern on his face.
In the interests of road safety I quickly explained myself.
"Every other pricks dead at their funeral. I get to see all the comments of 25 years in aviation while im still alive. Its great!!!"
By the time we got to the café, I could confirm it was in fact, his elderly driving.
My family have cleared the decks for me this weekend, but I will devote this weekend to getting back to everyone, and thanks for all the support. On old industry stalwart came up to me today. Concerned about me "taking on CASA". He had tried before, and many had before him.
The difference. Poor governance can now be held to account via social networking. Those around me know how much I dislike it. But, like many of the younger people today. Im certainly receiving a groundswell of support that wouldn't be available before all that came in. Anyway I will be on here a bit over the weekend.
Thanks again for all thev support. This time. Its really gonna happen, I believe.
You would not believe how many calls I get from people whose lives have been destroyed in a manner similar to mine. Today, a gentleman living in a caravan park with his wife. Elderly, and not by choice. (Editing for clarity. I was referring to the living in the caravan park. Im sure he is married by choice,)
This must lead to a Royal Commission, Judicial Inquiry, or Special Ministerial Inquiry. We are an ICAO contracting state. Not a Banana Republic!!!
Last edited by glenb; 30th Aug 2019 at 11:42. Reason: Editing for clarity
I was driving with my Dad yesterday, and he was checking how I was going.
I said, "Its pretty good, I might be the first person in the world, to go to their own funeral".
He was driving, and the car swerved slightly. He doesn't come on Prune, so its safe to say initially I didn't know if it was his "elderly" driving, but quickly noticed the concern on his face.
In the interests of road safety I quickly explained myself.
"Every other pricks dead at their funeral. I get to see all the comments of 25 years in aviation while im still alive. Its great!!!"
By the time we got to the café, I could confirm it was in fact, his elderly driving.
My family have cleared the decks for me this weekend, but I will devote this weekend to getting back to everyone, and thanks for all the support. On old industry stalwart came up to me today. Concerned about me "taking on CASA". He had tried before, and many had before him.
The difference. Poor governance can now be held to account via social networking. Those around me know how much I dislike it. But, like many of the younger people today. Im certainly receiving a groundswell of support that wouldn't be available before all that came in. Anyway I will be on here a bit over the weekend.
Thanks again for all thev support. This time. Its really gonna happen, I believe.
You would not believe how many calls I get from people whose lives have been destroyed in a manner similar to mine. Today, a gentleman living in a caravan park with his wife. Elderly, and not by choice. (Editing for clarity. I was referring to the living in the caravan park. Im sure he is married by choice,)
This must lead to a Royal Commission, Judicial Inquiry, or Special Ministerial Inquiry. We are an ICAO contracting state. Not a Banana Republic!!!
I said, "Its pretty good, I might be the first person in the world, to go to their own funeral".
He was driving, and the car swerved slightly. He doesn't come on Prune, so its safe to say initially I didn't know if it was his "elderly" driving, but quickly noticed the concern on his face.
In the interests of road safety I quickly explained myself.
"Every other pricks dead at their funeral. I get to see all the comments of 25 years in aviation while im still alive. Its great!!!"
By the time we got to the café, I could confirm it was in fact, his elderly driving.
My family have cleared the decks for me this weekend, but I will devote this weekend to getting back to everyone, and thanks for all the support. On old industry stalwart came up to me today. Concerned about me "taking on CASA". He had tried before, and many had before him.
The difference. Poor governance can now be held to account via social networking. Those around me know how much I dislike it. But, like many of the younger people today. Im certainly receiving a groundswell of support that wouldn't be available before all that came in. Anyway I will be on here a bit over the weekend.
Thanks again for all thev support. This time. Its really gonna happen, I believe.
You would not believe how many calls I get from people whose lives have been destroyed in a manner similar to mine. Today, a gentleman living in a caravan park with his wife. Elderly, and not by choice. (Editing for clarity. I was referring to the living in the caravan park. Im sure he is married by choice,)
This must lead to a Royal Commission, Judicial Inquiry, or Special Ministerial Inquiry. We are an ICAO contracting state. Not a Banana Republic!!!
Must be pretty surreal and not just to him.*
Moderator
Recent development's in Glen's struggle suggest his thread should be moved to our principal Aviation News Forum.
The thread title has been changed to more accurately reflect the current course of this matter - it is now more Glen Buckley versus CASA.
This thread now has the potential capacity to change CASA's philosophies, policies and actions.
Tail Wheel
The thread title has been changed to more accurately reflect the current course of this matter - it is now more Glen Buckley versus CASA.
This thread now has the potential capacity to change CASA's philosophies, policies and actions.
Tail Wheel
Thread Starter
Letter to protect my reputation- Glen Buckley
Subject : Potential impact of CASA actions, on Glen Buckley’s livelihood.
Saturday 31/08 19
Dear Mr Jason McHeyzer - CASA Regional Manager.
I am writing to you in your role as the Regional Manager for CASA.
I note that you are also a Subject Matter Expert (SME) on my matter. You have perhaps, the most comprehensive knowledge of any person within CASA. You have been involved since the very beginning, and been involved throughout. The handwritten notes that you left with me after our meeting way back on the 29/11/18, clearly indicate that you were acutely aware of the impact on me and my business back then.
You will not refute; all my engagements with CASA personnel on all matters regarding my employment as the CASA approved CEO, a CASA approved HOO, and currently in the role of Standby HOO, have been conducted by me, in a highly professional manner. My primary concerns are “safety, compliance, and the very best outcome for anyone affected by this current issue”.
I have significant “personal” differences with CASA at the moment, but my professional conduct in the work place in all CASA engagements has been exemplary. I have been warm, engaging, courteous, respectful, supportive, and professional. I have not compromised my professional integrity at any stage. You will not disagree.
You are aware of my view on Organisational ethics. I have an expectation, in any organisation including my own, and CASA, that when ethics, safety, or procedures are being compromised; as Professionals, we must make a decision. A decision to stand aside from that process and show leadership and integrity, or a decision to become complicit.
I sent the following email to you last Thursday morning. It has not been acknowledged, and I do require it acknowledged.
“Dear Jason,
Can you please advise or confirm that during the last 3 days you have not sent any correspondence to any Employer or potential employer that could potentially impact on any current or future employment for myself. Please advise by 5PM today, to assist me with future plans for me and my family. I call on you to provide that, rather than require me to make a request under FOI.
Glen”
To be frank. If you have made such a decision, and taken such a course of action, then you have over stepped the mark.
You are aware that this process has cost me everything. If you have taken any action to affect my future employment, I have a reasonable expectation that you can justify that on legitimate grounds.
Therefore. In the interests of protecting my reputation, I have advised you, that I have made a Freedom of Information request for that information to see if any such correspondence exists.
This correspondence is also being submitted simultaneously to the Industry Complaints Commissioner. I will provide CASA the “first right of refusal”. If the CASA ICC chooses not to deal with it, I will go to the Commonwealth Ombudsman.
My complaint.
If the Regional Manager, has taken action that may affect my opportunity to derive a livelihood, that should be based on justifiable grounds related to
Expected results from the ICC
I be provided with a copy of such correspondence if it exists.
If it exists, CASA issue a public apology to protect my professional reputation.
The ICC clearly state if this action by the Regional Manager is a breach of any stipulated procedures.
Thankyou, Glen Buckley
Please note. I will be publishing this correspondence immediately to minimise any further harm to my reputation.
Saturday 31/08 19
Dear Mr Jason McHeyzer - CASA Regional Manager.
I am writing to you in your role as the Regional Manager for CASA.
I note that you are also a Subject Matter Expert (SME) on my matter. You have perhaps, the most comprehensive knowledge of any person within CASA. You have been involved since the very beginning, and been involved throughout. The handwritten notes that you left with me after our meeting way back on the 29/11/18, clearly indicate that you were acutely aware of the impact on me and my business back then.
You will not refute; all my engagements with CASA personnel on all matters regarding my employment as the CASA approved CEO, a CASA approved HOO, and currently in the role of Standby HOO, have been conducted by me, in a highly professional manner. My primary concerns are “safety, compliance, and the very best outcome for anyone affected by this current issue”.
I have significant “personal” differences with CASA at the moment, but my professional conduct in the work place in all CASA engagements has been exemplary. I have been warm, engaging, courteous, respectful, supportive, and professional. I have not compromised my professional integrity at any stage. You will not disagree.
You are aware of my view on Organisational ethics. I have an expectation, in any organisation including my own, and CASA, that when ethics, safety, or procedures are being compromised; as Professionals, we must make a decision. A decision to stand aside from that process and show leadership and integrity, or a decision to become complicit.
I sent the following email to you last Thursday morning. It has not been acknowledged, and I do require it acknowledged.
“Dear Jason,
Can you please advise or confirm that during the last 3 days you have not sent any correspondence to any Employer or potential employer that could potentially impact on any current or future employment for myself. Please advise by 5PM today, to assist me with future plans for me and my family. I call on you to provide that, rather than require me to make a request under FOI.
Glen”
To be frank. If you have made such a decision, and taken such a course of action, then you have over stepped the mark.
You are aware that this process has cost me everything. If you have taken any action to affect my future employment, I have a reasonable expectation that you can justify that on legitimate grounds.
Therefore. In the interests of protecting my reputation, I have advised you, that I have made a Freedom of Information request for that information to see if any such correspondence exists.
This correspondence is also being submitted simultaneously to the Industry Complaints Commissioner. I will provide CASA the “first right of refusal”. If the CASA ICC chooses not to deal with it, I will go to the Commonwealth Ombudsman.
My complaint.
If the Regional Manager, has taken action that may affect my opportunity to derive a livelihood, that should be based on justifiable grounds related to
- Safety, or
- Compliance, or
- My professional conduct, or
- Medical grounds.
Expected results from the ICC
I be provided with a copy of such correspondence if it exists.
If it exists, CASA issue a public apology to protect my professional reputation.
The ICC clearly state if this action by the Regional Manager is a breach of any stipulated procedures.
Thankyou, Glen Buckley
Please note. I will be publishing this correspondence immediately to minimise any further harm to my reputation.
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Man, you have to stop this ****.
This tactic of writing letters to people within CASA and simultaneously posting them to Pprune HAS NOT WORKED.
And it WILL not work.
You need to understand that you will never, ever, defeat these guys using this tactic. It has cost you everything, and still you continue.
Please, for god's sake man, get a lawyer NOW. I am begging you. If'd you'd done so at the outset, you'd be in an entirely different place right now.
Somebody needed to say this, and nobody has stepped up.
There is no hope of success here without proper legal representation, and the first thing your lawyer will tell you is DO NOT CONTACT CASA AGAIN!
This tactic of writing letters to people within CASA and simultaneously posting them to Pprune HAS NOT WORKED.
And it WILL not work.
You need to understand that you will never, ever, defeat these guys using this tactic. It has cost you everything, and still you continue.
Please, for god's sake man, get a lawyer NOW. I am begging you. If'd you'd done so at the outset, you'd be in an entirely different place right now.
Somebody needed to say this, and nobody has stepped up.
There is no hope of success here without proper legal representation, and the first thing your lawyer will tell you is DO NOT CONTACT CASA AGAIN!
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I won't argue the point, but writing accusatory letters and publishing them in public is a surefire way to a) make lifelong enemies, and b) fail in your objective. We are talking about the regulator here. They hold all the cards, and once they circle the wagons, which they've done in this case, you have a very tough uphill road ahead.
That ship has already sailed, so with new funding in place, what's next. I would suggest that a change of tactics is imperative.
That ship has already sailed, so with new funding in place, what's next. I would suggest that a change of tactics is imperative.
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Dear Glen
I did my CPL with Melbourne Flight Training 10 plus years ago. You took the time to talk to me, you encouraged me, and you had a great team of highly experienced instructors. I fondly remember the Wings dinner at Brighton Receptions.
Recently I received an email from one of my flying buddies asking me to contribute to the GoFundMe page. He has a big contact list I believe. I then have taken the time to read this thread.
I am sorry that you have ended up in this situation. I was always very impressed with your philosophy and attitude. Running a business is hard enough, but then having the goalposts changed/altered down the track is simply unfair. Good on you for taking this on, you have my sympathy for what this has done to you and your family.
I have donated to the fund. I have also written and left a voicemail for my federal member of parliament. I encourage others to do the same.
I agree with Tailwheels comment - may be this is the thread that can make a difference.
CASA - Should be about safety and encouraging aviation, but at the moment the feeling in my flying club is that CASA is the Centre Against Sensible Aviation.
If there is anything else I can do, please PM. Hope to see you in Safeway again soon.
Blue skies
Jerr
I did my CPL with Melbourne Flight Training 10 plus years ago. You took the time to talk to me, you encouraged me, and you had a great team of highly experienced instructors. I fondly remember the Wings dinner at Brighton Receptions.
Recently I received an email from one of my flying buddies asking me to contribute to the GoFundMe page. He has a big contact list I believe. I then have taken the time to read this thread.
I am sorry that you have ended up in this situation. I was always very impressed with your philosophy and attitude. Running a business is hard enough, but then having the goalposts changed/altered down the track is simply unfair. Good on you for taking this on, you have my sympathy for what this has done to you and your family.
I have donated to the fund. I have also written and left a voicemail for my federal member of parliament. I encourage others to do the same.
I agree with Tailwheels comment - may be this is the thread that can make a difference.
CASA - Should be about safety and encouraging aviation, but at the moment the feeling in my flying club is that CASA is the Centre Against Sensible Aviation.
If there is anything else I can do, please PM. Hope to see you in Safeway again soon.
Blue skies
Jerr
Man, you have to stop this ****.
This tactic of writing letters to people within CASA and simultaneously posting them to PPRuNe HAS NOT WORKED.
This tactic of writing letters to people within CASA and simultaneously posting them to PPRuNe HAS NOT WORKED.
I've been in that dark place. He got nowhere playing straight ball. He's given all and has nothing else to lose. All he has left is to play by his rules.
It worked for me!
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He's going to have fifty grand from the GoFund page (to which I donated from half a world away, even though I've never met him and probably never will). Now, I'd like to think that will give him a fresh start... perhaps some fresh thinking about how to proceed is in order. Continuing to employ tactics that have failed quite spectacularly makes no sense.