Kapten Boeing 767 gagal batal pemecatan akibat langgar keselamatan

Ezil Azlan Ahmad Muniran, a Boeing 767 captain, was dismissed by Raya Airways Sdn Bhd in November 2022 following a safety incident during a domestic flight to Sultan Abdul Aziz Shah Airport in Subang. Kuala Lumpur: A Boeing 767 captain, Ezil Azlan Ahmad Muniran, was dismissed due to an unstable landing approach and several cockpit protocol violations, despite the Court of Companies ruling that procedural failures in the in-flight investigation failed to meet aviation safety standards.

The Court of Companies upheld Raya Airways Sdn Bhd's decision to terminate the services of Ezil Azlan Ahmad Muniran, concluding that commercial airline pilots must fully adhere to safety standards and operational procedures (SOPs). Ezil, who had been with the airline since 2009 and was a Boeing 767 Type Rating Instructor, was dismissed in November 2022 following a safety incident involving Flight TH8806, operated by a Boeing 767-200 on April 24, 2022.

The post-landing crash analysis, based on Flight Data Analysis (FDA), revealed that the aircraft descended at a rate exceeding 2,000 feet per minute between altitudes of 3,000 and 1,000 feet. It also found that the aircraft was in an unstable approach below 1,000 feet without Ezil initiating a mandatory go-around procedure. The aircraft was also found to have exceeded flap speed.

Furthermore, Ezil was found to have failed to record any discrepancies in the aircraft's technical instruments, instead only verbally notifying maintenance staff after landing. During the domestic investigation, Ezil admitted to exceeding the flap speed and failing to record any technical discrepancies in the flight log. However, he contested two key charges concerning the aircraft's descent and unstable landing approach.

In challenging his dismissal, Ezil argued that the termination was procedurally unfair and conducted with malicious intent (mala fide), alleging that the company had not hired a special investigator, failed to call the flight operations manager who provided an initial incident 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 assurances that he would only face a minor warning. The Court of Companies rejected these arguments, upholding the dismissal as the procedural failures in the domestic investigation did not automatically invalidate the dismissal, given that the officer involved was given a full and fair opportunity to defend themselves before the Court of Companies.

The Court found that the absence of independent investigators did not prejudice Ezil, as he was given sufficient opportunity to cross-examine witnesses and present his defense. The Court also found that the company's case was based on objective Flight Data Analysis, rather than personal opinion, thus making the presence of witnesses providing initial incident reports unnecessary.

Regarding the CVR recording, the Court stated that the recording cannot contradict the objective flight data, confirming the rapid descent and failure to execute the go-around procedure. The Court also rejected Ezil's claim that his statements were influenced by others, labeling such speculation as a post hoc reasoning, unsupported by any evidence.

The Court affirmed that commercial airlines operate a zero-tolerance policy towards safety standard violations. Considering Ezil's position as a captain and aviation instructor, the Court found his failure to follow mandatory landing procedures justified the termination of his services rather than dismissing the charges. Ezil was represented by attorney Reza Rafie, while T Thavalingam and Sharifah Nurhidayah Al-Habshi Syed Nasir acted on behalf of Raya Airways.