Bond Agreement For Training

This case shows the importance for crew members to remain professional in their work environment. not only during the flight period, but also when flight crew members are in contact with the operator`s management team. All flight crew members who sign a training obligation must comply with their contractual obligations. Training obligations are legally binding and enforceable documents. Training obligations are attractive legal instruments for pilots willing to improve their aviation qualifications in order to advance in their careers, but pilots must recognize that such agreements represent a considerable amount of money and can therefore entail serious personal commitments in the event of a breach of contract. Flight training is expensive and liability for a breach could jeopardize your career in aviation. Unfortunately, the answer is not always as simple as we would like. Sure, companies can get an employee to sign a commitment agreement and feel pretty protected in that way, but the test is really whether that agreement is enforceable when it`s reviewed by the courts, and it`s always a case-by-case decision. When the employee is simply trained for the job, this is often only seen as a benefit to the company and not to the employee. In this case, it could be considered unfair and therefore illegal to bind them. However, if the employee obtains through the training a formal qualification or equivalent ability recognized throughout the sector, which is clearly an advantage for himself, the company has a valid case to hire the employee, to derive value from the expenses and investments he has made. In the case before the bar, the question was whether the master had to pay US$27,641.51 for his training, knowing that because of this termination, he was violating his training ties after only five months of work with the employer, whereas the conditions required in the training contract were twenty-four months.

An interesting case from the 2008 Ontario Superior Court of Justice raises three important points for new pilots (Chartright Air Inc. v. De Paoli, 2008 CanLII 47468 (ON SC). First, before signing training obligations, pilots (especially commando pilots) should perform their own duty of care to the employer and other flight crew members hired by the employer. Second, if things get furious among flight crew members, pilots should file formal written complaints with the employer as soon as they occur and clearly explain the alleged misconduct. Employers should send a written response to pilots and provide their employees with a safe environment. Third, pilots must understand that any situation in which a flight crew member cannot get along with another flight crew member does not constitute a constructive reason for termination. Chartright Air Inc. v. De Paoli is an excellent example. We offer 2 bonding agreements in the Employers Toolbox Library section for free for members. These can also be purchased separately on our website for non-members.

In Chartright Air Inc. v. From Paoli, a pilot (the "Captain") was hired by an operator (the "Employer") to be captain on a Challenger 601. Despite his great experience, the captain was not qualified to fly on the 601. So he had to do his pilot Proficiency Check. The employer agreed to pay for the master`s training. In return, at the end of the training, the captain had to work for the employer for twenty-four months. Training was valued at $31,265.00....

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