The U.S. Department of Labor has ordered Asia Pacific Airlines to pay over $2 million in wages, damages, and attorney’s fees to a cargo pilot who was wrongfully terminated after raising safety concerns about the aircraft he was assigned to operate.
The pilot, Brant Swigart, was employed by Asia Pacific Airlines, operated by Aero Micronesia Inc., and had repeatedly expressed concerns about the safety of the aircraft’s engine. Despite his warnings, the airline’s maintenance team continued to approve the aircraft for flight without properly diagnosing the engine issues.
In November 2021, Swigart refused to fly a cargo plane he believed had an unreliable engine, leading to his suspension and eventual termination.
The Occupational Safety and Health Administration (OSHA) conducted an investigation and found that the airline retaliated against Swigart for exercising his federally protected rights to report safety concerns. The investigation revealed that the airline’s maintenance procedures were inadequate and that Swigart’s concerns were valid.
The U.S. Federal Aviation Administration (FAA) also confirmed that the airline had used incorrect procedures to troubleshoot and diagnose the engine problems.
As a result of the investigation, the Department of Labor ordered Asia Pacific Airlines to pay Swigart $419,267 in back pay, eight years of future salary, $27,596 in interest on loans, $75,000 in emotional damages, and reasonable attorney fees.
Additionally, the airline was instructed to expunge Swigart’s employment record and provide training to its employees on their rights under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21), which protects whistleblowers in the aviation industry.
The decision serves as a significant reminder to airlines and other employers in the aviation industry about the critical importance of adhering to safety protocols and respecting the rights of employees who voice legitimate safety concerns.
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