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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42325
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Senior management dismisses an aero club instructor because

Customer Question

Senior management dismisses an aero club instructor because he wrote an email to the board of directors of an aero club regarding safety concerns of two aircraft.He refused to instruct in one of the aircraft and limited flying in the other because of his concerns of the airworthiness/safety of the aircraft. The president of the club wrote a reply email within 24 hrs dismissing him!No club protocol was entered into, just a decision was made by president/vice president and probably CFI[chief flying instructor] to dismiss him.
Does senior management have the right to dismiss someone without full consultation of the existing full committee of that club?
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

If he is an employee then he has a right to sue for unfair dismissal and has 21 days from the date he was dismissed to file his application.

If he is a contractor then he has to look at his contract and may have an action for breach of contract by the club.

In relation to the safety issue he can lodge a complaint with the appropriate authority.

Termination without reason is unfair and harsh and he can claim.

But if a contractor then the issue is whether they breached the contract and if so he can seek damages.

I hope this makes sense and is of assistance, if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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