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Asia Pacific Airlines faces over $2M penalty after wrongful pilot termination

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Asia Pacific Airlines faces over $2M penalty after wrongful pilot termination
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Asia Pacific Airlines has been directed by the U.S. Department of Labor to pay over $2 million following the dismissal of a pilot who raised concerns about engine maintenance practices. The airline plans to appeal this decision.

A three-year investigation by the Occupational Health and Safety Administration (OSHA) found that Captain Brant Swigart was wrongfully terminated after he consistently reported safety issues related to aircraft maintenance. A parallel investigation by the Federal Aviation Administration (FAA) supported Swigart's claims, confirming that maintenance reports were approved without proper analysis or completion. OSHA stated: "Asia Pacific Airlines has shown an unacceptable and potentially catastrophic disregard for safety and shamefully viewed pilots’ safety concerns as employee conflicts."

The airline disputes these findings, asserting that Swigart was not dismissed for whistleblowing but due to a separate incident in November 2021 at Honolulu’s Daniel K Inouye International Airport. During this event, Swigart prematurely powered up engines while ground crews were nearby, which he admitted was a lapse in concentration. He explained: "Mine was a momentary lapse of concentration, and I immediately fixed it by stamping on the brakes and stopping the aircraft." Asia Pacific Airlines maintains that this breach of protocol led to his termination.

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Despite these assertions, OSHA concluded that Swigart's firing resulted from his reporting of safety concerns rather than the Honolulu incident. Consequently, OSHA ordered Asia Pacific Airlines to compensate Swigart with $419,267 in back pay plus interest, future salary for eight years, loan interest of $27,596, damages amounting to $75,000, along with reasonable attorney fees. Additionally, OSHA mandated clearing Swigart's employment record and providing whistleblower protection training for employees.

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) safeguards employees' rights to report air safety information without employer retaliation.

Asia Pacific Airlines is headquartered in Guam and operates a fleet including Boeing 757-200PCF and Boeing 757-200PF aircrafts. It serves various destinations across Asia and small island nations in the Pacific region such as Koror and Majuro.

This is not Asia Pacific Airlines' first regulatory issue; they faced grounding by the FAA in February 2023 due to pilot training problems and were under scrutiny again in April 2024 for alleged safety violations.

Organizations Included in this History
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