Is it legal to sack someone on FDM data?
 

Just a quick question, is it acceptable to use data from FDM to terminate someones employment? I thought the Air Nav Order specifically says this can not be done. Any comments would be gratefully received
SA

I would imagine if you are stupid enough to perform outside your companies SOP's willfully knowing 'big brother' is watching via FDM, which then accumilates into some kind of incident you will/can be sacked!

Although FDM itself isn't supposed to be used as a HR spy, it will and can incriminate you. Flight Safety is first and foremost, thus we shouldn't be affraid of FDM - the opposite, we should use it as a training/learning tool.

As for the legal aspects of FDM, I can only summise that if an event has occured which has been captured on FDM and d'management deemed it gross missconduct, the crew involved may have a bit of a legal battle on their hands!

FDM agreements ?
It depends upon the agreement between the pilots and management as to wether the crew are de-identified in any data used.
In our company ALL data is de-identified unless the Line Pilot Representatives (LPR) who review the data consider a crew call is necessary then the pilots concerned are identified only to the LPR concerned and the safety officer doing the analysis.
If there is a serious problem then the crew is identified to the safety manager, who decides to take matters further i.e. indentification to Chief Pilot, Fleet Manager or Director of Flight Operations.
However if an ASR has been filed then data from the QAR may be used in any investigation and the crew are identified by the ASR.
In this case if there is a case of gross misconduct, Yes the data can be used to support a management claim for dismissal.

However some companies do not deidentify the crew in the first instance.
As i said the agreement between the pilots and management when the system was set up will stipulate the protocol for identification.

If the management use FDM data outside of any agreement then the use of the data could be argued as inadmisable if a hearing / tribunal was instigated.

Basically the answer is YES and NO.