Kapten Boeing 767 gagal batal pemecatan akibat langgar keselamatan

On November 2022, Captain Ezil Azlan Ahmad Muniran was dismissed from Raya Airways Sdn Bhd following a safety incident involving a domestic flight to Sultan Abdul Aziz Shah Airport in Subang. The court ruled that even with procedural weaknesses in the domestic investigation, the company's management must fully adhere to safety protocols and standard operating procedures (SOPs).

Ezil, who had been with the company since 2009 and held a Boeing 767 Type Rating Instructor certificate, was dismissed in November 2022 in response to a security incident involving Flight TH8806 on April 24, 2022. The flight, operated by a Boeing 767-200, triggered a ground proximity warning system (GPWS) warning during the final approach phase.

Further safety analysis based on flight data analysis (FDA) revealed that the aircraft was descending at a rate exceeding 2,000 feet per minute between altitudes of 3,000 and 1,000 feet. The investigation also found that the aircraft was in an unstable approach below 1,000 feet without Ezil initiating a go-around procedure. Furthermore, it was discovered that the aircraft exceeded the flap speed.

Additionally, Ezil was found to have failed to log discrepancies in the aircraft's technical instruments, instead communicating them verbally to ground crew after landing. During the investigation, Ezil claimed to have exceeded the flap speed and failed to record technical discrepancies in the flight log. However, he disputed two main allegations related to the reduction in altitude profile and unstable landing approach.

In challenging his dismissal, Ezil argued that termination was procedurally unfair, alleging that the company did not appoint a special investigation officer, failed to call the flight operations manager who provided an initial report, and concealed crucial technical evidence, including the cockpit voice recorder (CVR) data. Ezil also claimed that his statements during the investigation were influenced by the assurance that he would only face a minor warning.

The court dismissed these appeals, ruling that procedural weaknesses in domestic investigations do not automatically invalidate termination, given that the affected personnel were given adequate opportunity to defend themselves before the company's court. The court found that the absence of independent investigation officers did not prejudice Ezil, as he had been given sufficient opportunity to cross-examine witnesses and present his defense.

The court also found that the company's investigation was based on objective flight data analysis, rather than personal opinion, rendering the presence of additional investigators unnecessary. The court also found that the ATC record could not refute the flight parameters recorded by objective flight data analysis, confirming the rapid descent and failure to execute the go-around procedure.

The court also dismissed Ezil's claim that his statements were influenced by others, labeling it as speculative afterthoughts not supported by any evidence. The court emphasized that commercial airlines maintain a tolerance threshold for safety protocol violations. Considering Ezil's status as a captain and aviation instructor, the court found that his failure to follow mandatory landing procedures justified his dismissal rather than withholding employment.